EMERGENCY ORDINANCE no. 196 196 of 22 December 2005 (* updated *) on the Environmental Fund ((updated until 30 June 2016 *)
ISSUER
GOVERNMENT
---------- In view of the need to clarify the legal regime of the income from which the Environmental Fund and the tasks of the Environmental Fund Administration are constituted in relation to the work on declaration, establishment, control, the collection, resolution of appeals and enforcement of contributions due to the Environmental Fund, in the context of the reduction of revenue received under the Environmental Fund, taking into account the need to increase the number of categories of projects that can be financed from the Environmental Fund, in particular those on integrated pollution prevention and control, the Water Framework Directive and large combustion plants, for fulfilling the commitments made for Chapter 22-Environment, elements aimed at the public interest and constitute an emergency and extraordinary situation, pursuant to art. 115 115 para. (4) of the Romanian Constitution, republished, The Romanian Government adopts this emergency ordinance. + Chapter I General provisions + Article 1 The Environmental Fund is an economic and financial instrument intended to support and implement projects and programmes for the protection of the environment and to achieve the objectives of the European Union in the field of environment and climate change, compliance with the legal provisions in force. ----------- Article 1 has been amended by section 1. 1 1 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. + Article 2 The Environmental Fund shall be constituted and managed in accordance with the legal provisions. + Article 2 ^ 1 The revenue and expenditure budget of the Environmental Fund and the Environmental Fund Administration is approved annually by Government decision, at the proposal of the central public authority for environmental protection. -------- Article 2 ^ 1 was introduced by art. 18 the Head. II of EMERGENCY ORDINANCE no. 37 37 of 26 March 2008 , published in MONITORUL OFFICIAL no. 276 276 of 8 April 2008. + Chapter II Administration of the Environment Fund + Article 3 ((1) The unit responsible for the management of the Environmental Fund is the Environmental Fund Administration, hereinafter referred to as the Fund Administration, a public institution with legal personality, fully financed by its own income, in coordination central public authority for environmental protection. ... ((2) Abrogat. ... --------- Alin. ((2) of art. 3 was repealed by the subsection. 2 2 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. (3) The Administration of the Fund mainly has 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. ... g) analyzes and selects the projects of the investment objectives submitted by the beneficiary ministries, financed from the amounts obtained from the auction of greenhouse gas emission allowances, according to the provisions Government Emergency Ordinance no. 115/2011 ... on the establishment of the institutional framework and the authorization of the Government, through the Ministry of Public Finance, to auction the greenhouse gas emissions certificates awarded to Romania at the level of the European Union, approved by Law no. 163/2012 , with subsequent amendments and completions; ----------- Lit. g) a par. ((3) of art. 3 3 was introduced by section 4.2. 2 2 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. h) carry out control activities, according to the Law no. 207/2015 ... on the Fiscal Procedure Code, with subsequent amendments and completions, to authorized economic operators in order to take responsibility for the achievement of the annual objectives of collection, reuse, recycling and recovery of waste electrical and electronic equipment and authorised economic operators with a view to taking responsibility for the achievement of the annual targets for the collection, reuse, recycling and recovery of battery waste and portable accumulators, which are properly applied; ---------- Lit. h) a par. ((3) of art. 3 3 has been amended by section 4.2 1 1 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. i) carry out activities to record taxpayers to the budget of the Environmental Fund; ... ---------- Lit. i) a par. ((3) of art. 3 3 was introduced by section 4.2. 2 2 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. j) conduct tax inspections and unannounced checks on taxpayers/payers to the Environmental Fund, in accordance with the provisions Law no. 207/2015 ... , with subsequent amendments and completions; ---------- Lit. j) a par. ((3) of art. 3 3 was introduced by section 4.2. 2 2 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. k) collect revenues to the budget of the Environmental Fund; ... ---------- Lit. k) a par. ((3) of art. 3 3 was introduced by section 4.2. 2 2 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. l) provide assistance and guidance services to taxpayers/payers to the budget of the Environmental Fund, as well as to the methodology for calculating taxes and contributions to the Environmental Fund; ... ---------- Lit. l) a par. ((3) of art. 3 3 was introduced by section 4.2. 2 2 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. m) prevents tax evasion with regard to taxes and contributions to the Environmental Fund. ... ---------- Lit. m) a par. ((3) of art. 3 3 was introduced by section 4.2. 2 2 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ---------- Alin. ((3) of art. 3 3 has been modified by the subsection. 3 3 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. (4) In the exercise of the management tasks of the Fund Administration shall cooperate with public authorities and institutions of the state, central and local public administration, with representatives of civil society, with legal and/or physical persons, according to the legal provisions in force, based on the protocols concluded. ... ----------- Alin. ((4) of art. 3 3 has been introduced by section 3 3 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. + Article 4 (1) The Fund Administration is headed by a President with the rank of Secretary of State. ... (2) The President shall be appointed, suspended and removed from office, under the law, by decision of the Prime Minister, at the proposal of the head of the central public authority for environmental protection. ... (. In the exercise of the powers of the Fund Administration, the President shall issue provisions. ... (4) The president has the status of authorising officer for the funds he manages and represents the Administration of the Fund in relations with third parties, as well as in justice, appoints and releases his staff from office, under the law. ... (5) The President may delegate the status of authorising officer, according to the provisions art. 20 20 para. ((2) of Law no. 500/2002 ... on public finances, with subsequent amendments and completions. (6) The President of the Administration of the Fund may delegate his duties to a vice-president, with the rank of undersecretary of state, or other persons with management positions within the Fund Administration, under the law. ... (7) The Vice President is appointed, suspended and removed from office, under the law, by decision of the Prime Minister, at the proposal of the head of the central public authority for environmental protection. ... (8) The Administration of the Fund shall have its own contractual staff that provide the management, execution and control functions, according to the organization and its own functioning. ... (9) The salary of the Fund Administration personnel shall be made according to the law ... (10) In carrying out the duties provided in art. 3 3 para. (3), the Fund Administration has the following decision structures: ... a) The endorsement committee; ... b) Steering Committee. ... ----------- Article 4 has been amended by section 4. 4 4 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. + Article 5 (. The endorsement committee shall have the following component: ... a) 2 representatives from the central public authority for environmental protection, empowered by order of the Minister; ... ----------- Lit. a) a par. ((1) of art. 5 5 has been amended by section 4.2 24 24 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 of 30 August 2013, by replacing the phrase "central public authority for the environment and forests" with the phrase "central public authority for environmental protection." 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, the central public authority for the economy, the central public transport authority, the central public health authority, the central public authority for agriculture, two representatives of the central public authority for regional development and public administration, as well as a representative of the central public authority for energy, empowered by order of the relevant minister; ... ---------- Lit. d) a par. ((1) of art. 5 5 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. 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 ... ----------- Alin. ((1) of art. 5 5 has been modified by the subsection. 7 7 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. (2) The endorsement committee is headed by a president, aided by a vice president. The President and the Vice-President shall be appointed by the Head of the Central Public Authority for ... ------------- Alin. ((2) of art. 5 5 has been amended by section 1 1 of art. unique from LAW no. 105 105 of 25 April 2006 , published in MONITORUL OFFICIAL no. 393 393 of 8 May 2006. (3) The approval committee shall approve by vote the projects to be financed from the Environmental Fund, among those proposed by the Steering Committee. ... ---------- Alin. ((3) of art. 5 5 has been modified by the subsection. 7 7 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. (4) The members of the endorsement committee, exclusively of dignitaries, receive a participation allowance for the activity carried out during its meetings, in the amount and under the conditions established by the Regulation Fund Administration. ... ------------- Alin. ((4) of art. 5 5 has been amended by section 1 1 of art. unique from LAW no. 105 105 of 25 April 2006 , published in MONITORUL OFFICIAL no. 393 393 of 8 May 2006. (5) The nominal composition of the endorsement committee shall be approved by order of the head of the central public authority for environmental protection. ... ------------- Alin. ((5) of art. 5 5 has been introduced by section 2 2 of art. unique from LAW no. 105 105 of 25 April 2006 , published in MONITORUL OFFICIAL no. 393 393 of 8 May 2006. + Article 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 ... --------- Alin. ((1) of art. 6 6 has been modified by the subsection. 8 8 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. ((2) Abrogat. ... ------------- Alin. ((2) of art. 6 6 has been repealed by section 6.6. 3 3 of art. unique from LAW no. 105 105 of 25 April 2006 , published in MONITORUL OFFICIAL no. 393 393 of 8 May 2006. (. 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. ... ----------- Alin. ((3) of art. 6 6 has been modified by the subsection. 8 8 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. + Article 7 The current and capital expenditures of the Fund Administration shall be provided from the Environmental Fund, within 5% of its revenues. --------- Article 7 has been amended by the subsection. 9 9 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. + Article 8 (1) The financial operations of the Fund Administration, which concern the establishment, management and use of financial resources, are carried out through the State Treasury. ... (2) The financial availability of the Environmental Fund shall be kept in the State Treasury in a separate account and bear interest. ... (3) Financial funds from external sources shall be managed on the basis of contracts concluded with external partners in accordance with the purpose for which they were granted and with the destinations provided for by this Emergency Ordinance. ... + Chapter III Revenue of the Environment Fund + Article 9 (. The revenue of the Environmental Fund shall be from: ... a) a contribution of 3% of the revenues made from the sale of ferrous and non-ferrous metal waste, obtained by the waste generator, natural or legal person. 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; ... ---------- Lit. a) a par. ((1) of art. 9 9 has been amended by section 4.2 4 4 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. b) charges for emissions of pollutants into the atmosphere, due by economic operators holding stationary sources whose use affects environmental factors, in the amount set out in Annex no. 1 1 *); ... ------------- Lit. b) a par. ((1) of art. 9 9 has been amended by section 4.2 1 1 of art. unique from LAW no. 292 292 of 2 November 2007 , published in MONITORUL OFFICIAL no. 758 758 of 8 November 2007. c) the taxes collected from the owners or, as the case may be, the administrators of deposits for the inert and non-hazardous waste entrusted by third parties in order to eliminate the final by storage, in the amount provided in Annex no. 2 2 *); ... --------- Lit. c) a par. ((1) of art. 9 9 has been amended by section 4.2 6 6 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. d) a contribution of 2 lei/kg, due by economic operators who place on the national market packaged goods, which distribute for the first time on the national market packaging packaging, and by economic operators who rent, in any form, with professional title, packaging, for the difference between the quantities of packaging waste corresponding to the minimum recovery or incineration targets in incineration plants with energy recovery and recycling recovery provided for 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; ... --------- Lit. d) a par. ((1) of art. 9 9 has been amended by section 4.2 6 6 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. 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; ... --------- Lit. e) a par. ((1) of art. 9 9 has been modified by the subsection. 10 10 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. 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; ... ---------- Lit. f) a par. ((1) of art. 9 9 has been modified by the subsection. 10 10 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. g) repealed; ... ------------- Lit. g) a par. ((1) of art. 9 9 has been repealed by section 6.6. 5 5 of art. unique from LAW no. 105 105 of 25 April 2006 , published in MONITORUL OFFICIAL no. 393 393 of 8 May 2006. h) repealed; ... ------------- Lit. h) a par. ((1) of art. 9 9 has been repealed by section 6.6. 5 5 of art. unique from LAW no. 105 105 of 25 April 2006 , published in MONITORUL OFFICIAL no. 393 393 of 8 May 2006. 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; ... ---------- Lit. i) a par. ((1) of art. 9 9 has been modified by the subsection. 10 10 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. j) a contribution of 3% of the amount that is collected annually for the management of hunting funds, paid by the management of hunting funds *); ... ------------- Lit. j) a par. ((1) of art. 9 9 has been amended by section 4.2 4 4 of art. unique from LAW no. 105 105 of 25 April 2006 , published in MONITORUL OFFICIAL no. 393 393 of 8 May 2006. k) donations, sponsorships, financial assistance from Romanian or foreign natural or legal persons and international organizations or bodies; ... 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; ... ---------- Lit. l) a par. ((1) of art. 9 9 has been modified by the subsection. 10 10 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. m) amounts collected from events organized for the benefit of the Environmental Fund; ... n) the amount of fees for issuing opinions, agreements and environmental permits; ... o) interest and penalties of any kind due by the debtors of the Environmental Fund. ... p) a contribution of 100 lei/ton, due by administrative-territorial units or, as the case may be, the administrative-territorial subdivisions of the municipalities, in case of failure to meet the annual objective of reducing the quantities of municipal waste by 15% disposed of by storage, payment being made for the difference between the quantity actually stored and the quantity representing 85% of that stored in the previous year; ... ---------- Lit. p) a par. ((1) of art. 9 9 has been amended by section 4.2 4 4 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. 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 ---------- Lit. q) a par. ((1) of art. 9 was introduced by the subsection. 11 11 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. r) environmental stamp for motor vehicles; ... --------- Lit. r) a par. ((1) of art. 9 9 has been amended by section 4.2 6 6 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. s) a fee of 0,3 lei/kg, applied only once to the quantities of oils, on mineral basis, semi-synthetic, synthetic, with or without additions, due by economic operators who place such products on the national market. The fee is distinctly highlighted on the sales documents. ... --------- Lit. s) a par. ((1) of art. 9 9 has been amended by section 4.2 6 6 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. s) the amounts collected as a result of the application of the penalty of 100 euros, equivalent in lei to the leu/euro exchange rate of the National Bank of Romania valid on May 1 of that year, for each tonne of carbon dioxide equivalent issued, paid by the operator or aircraft operator that has not returned the greenhouse gas emission allowances corresponding to the greenhouse gas emissions generated in the previous year, a penalty that increases annually in accordance with the index European consumer prices, according to the legal provisions in force; ... ---------- Letter s) a par. ((1) of art. 9 9 has been amended by section 4.2 4 4 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. t) the amounts resulting from the marketing of surplus AAUs, according to the provisions Government Emergency Ordinance no. 29/2010 ... on the recovery of the surplus units of the quantity attributed to Romania by the Kyoto Protocol, approved by amendments Law no. 145/2010 ; --------- Lit. t) a par. ((1) of art. 9 9 was introduced by section 4.2. 7 7 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. t) the amount representing the value of the green certificates not purchased, paid according to the provisions art. 12 12 para. ((2) of Law no. 220/2008 ... for the establishment of the system for promoting the production of energy from renewable energy sources, republished, with subsequent amendments and completions; --------- Letter t) a para. ((1) of art. 9 9 was introduced by section 4.2. 7 7 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. u) the value in lei of the amount obtained from the auction, under the law, of the allowances left unused from the reserve for the joint implementation projects for Romania from 2008 to 2012 from the the greenhouse gas emission allowance trading scheme, according to the provisions of the Government Emergency Ordinance no. 115/2011 ... , approved by Law no. 163/2012 , with subsequent amendments and completions; --------- Lit. u) a par. ((1) of art. 9 9 was introduced by section 4.2. 7 7 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. v) a contribution of 2 lei/kg, due by economic operators authorized to take over the annual obligations to capitalize on packaging waste, namely the management of used tires, the payment being made for the difference between the quantities of wastes corresponding to the annual targets laid down by the legislation in force and the quantities actually recovered, respectively managed on behalf of the customers for whom they have taken over ... ---------- Lit. v) par. ((1) of art. 9 9 has been amended by section 4.2 4 4 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. w) a contribution in the amount set out in Annex no. 5, due by economic operators who place on the national market electrical and electronic equipment, as follows: ... 1. from 1 January 2017 to 31 December 2017, for the difference between the quantities of electrical and electronic equipment declared as being placed on the national market and the quantities found by the Administration of the Fund as being placed on the national market; 2. from 1 January 2018, for the difference between the quantities of waste electrical and electronic equipment corresponding to the annual collection obligations laid down in Government Emergency Ordinance no. 5/2015 on waste electrical and electronic equipment and the quantities actually collected; ---------- Lit. w) a par. ((1) of art. 9 9 was introduced by section 4.2. 5 5 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. x) a contribution of 4 lei/kg of portable batteries and accumulators, due by economic operators who place on the national market portable batteries and accumulators, as follows: ... 1. from 1 January 2017 to 31 December 2017, for the difference between the quantities of batteries and portable accumulators declared as being placed on the national market and the quantities found by the Administration of the Fund as introduced the national market; 2. from 1 January 2018, for the difference between the quantities of waste batteries and portable accumulators corresponding to the annual collection obligations laid down in Government Decision no. 1.132/2008 on the regime of batteries and accumulators and waste batteries and accumulators, with subsequent amendments and completions, and the quantities actually collected; ---------- Lit. x) a par. ((1) of art. 9 9 was introduced by section 4.2. 5 5 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. y) a contribution in the amount set out in Annex no. 5, due by economic operators authorized to take over the annual obligations for the collection of waste electrical and electronic equipment, respectively a contribution of 4 lei/kg of portable batteries and accumulators, due by operators economic operators authorized to take over the annual collection obligations of portable batteries and accumulators, payment being made for the difference between the quantities of waste corresponding to the annual objectives, established by the legislation in vigor, and the quantities actually collected on behalf of the customers for whom obligations; ... ---------- Lit. y) a par. ((1) of art. 9 9 was introduced by section 4.2. 5 5 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (2) The Administration of the Fund manages other incomes approved by Government decision. ... + Article 9 ^ 1 The Administration of the Fund manages a separate account with the State Treasury, in which it is collected, from the producers of electrical and electronic equipment, respectively from the collective organizations, the amounts representing the guarantee constituted according to provisions Government Emergency Ordinance no. 5/2015 on waste electrical and electronic equipment. ---------- Article 9 ^ 1 has been amended by section 1. 6 6 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. + Article 10 ((1) Abrogat. ... ---------- Alin. ((1) of art. 10 was repealed by the subsection. 13 13 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. (2) Contributions provided in art. 9 9 para. ((1) lit. d), i), w) and x) shall be paid only in case of failure to meet the objectives of recovery of packaging waste, waste tire management, waste collection of electrical and electronic equipment and collection of waste batteries and portable accumulators corresponding to the quantities of packaging, tyres, electrical and electronic equipment, respectively portable batteries and accumulators placed on the national market, for which they have not handed over the responsibility to economic operators authorised or which they did not declare in the framework of takeover contracts responsibility, and those provided in lett. v) and y) are paid only in case of failure to meet the objectives of recovery of packaging waste, used tire management, waste collection of electrical and electronic equipment and collection of waste batteries and portable accumulators corresponding to the quantities of packaging, tyres, waste electrical and electronic equipment and portable batteries and accumulators for which they have taken responsibility. ... ---------- Alin. ((2) of art. 10 10 has been amended by section 7 7 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (3) Economic operators referred to in art. 9 9 para. ((1) lit. d), i), w) and x) are obliged to declare monthly, until the 25th of the month following the month in which the activity was carried out, the quantities of packaging, tires, electrical and electronic equipment, respectively portable batteries and accumulators introduced on the national market and the quantities of waste packaging waste, the quantities of used tyres managed, the quantities of waste electrical and electronic equipment collected, respectively the quantities of waste batteries and accumulators Collected portable. ... ---------- Alin. ((3) of art. 10 10 has been amended by section 7 7 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (3 ^ 1) Economic operators referred to in art. 9 9 para. ((1) lit. v) are obliged to declare on a semi-annual basis, until the 25th of the month following the reporting semester, the quantities of packaging and tires, respectively the quantities of waste packaging waste and the quantities of used tires managed on behalf of to the customers for whom they took over ---------- Alin. (3 ^ 1) of art. 10 10 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (3 ^ 2) Economic operators referred to in art. 9 9 para. ((1) lit. y) are obliged to declare on a semi-annual basis, until the 25th of the month following the reporting semester, the quantities of electrical and electronic equipment, respectively portable batteries and accumulators placed on the national market and the quantities of waste of collected electrical and electronic equipment, namely the quantities of waste batteries and portable accumulators collected on behalf of the customers for which they took over the obligations. ---------- Alin. (3 ^ 2) of art. 10 10 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((3 ^ 3) The amounts provided for in art. 9 9 para. ((1) lit. s) shall be determined on the basis of the information and documents provided by the competent authority concerning operators and aircraft operators which have not returned greenhouse gas emission allowances under the law, information on the number of certificates not issued by each of them and of the calculation methodology provided for in art. 17. ---------- Alin. (3 ^ 3) of art. 10 10 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (3 ^ 4) The amounts provided for in art. 9 9 para. ((1) letter t) shall be established on the basis of the notification issued by the National Energy Regulatory Authority regarding the economic operators debtors and the amounts due by them. ---------- Alin. (3 ^ 4) of art. 10 10 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((4) Abrogat. ... ---------- Alin. ((4) of art. 10 was repealed by the subsection. 15 15 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. (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 required to declare quarterly, by the 25th of the month following the reporting quarter, the situation of contracts concluded and/or terminated with economic operators placing packaged goods and sales packaging on the national market. --------- Alin. (4 ^ 1) of art. 10 10 was introduced by the subsection. 16 16 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. (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 environmental protection. ---------- Alin. (4 ^ 2) of art. 10 10 has been amended by section 24 24 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 of 30 August 2013, by replacing the phrase "central public authority for the environment and forests" with the phrase "central public authority for environmental protection." (5) The basis for calculation to which the percentages referred to in art. 9 9 para. ((1) lit. a), e), f) and j) represent the sales value, excluding the related value added tax. ... ------------- Alin. ((5) of art. 10 10 has been amended by section 6 6 of art. unique from LAW no. 105 105 of 25 April 2006 , published in MONITORUL OFFICIAL no. 393 393 of 8 May 2006. ((5 ^ 1) In the case of placing on the national market, through intra-Union acquisitions or imports of goods, for the purpose of their own use or consumption, of substances classified by normative acts as dangerous for the environment, the basis of calculation to which they apply the contribution provided in art. 9 9 para. ((1) lit. e) represents the purchase value, excluding the related value added tax. --------- Alin. (5 ^ 1) of art. 10 10 has been introduced by section 9 9 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. ((6) Abrogat. ... ---------- Alin. ((6) of art. 10 was repealed by the subsection. 17 17 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. (7) The administration of the annual public fund, on its own website, the list of economic operators referred to in art. 9 9 para. ((1) lit. d), registered as contributors to the Environmental Fund. ... --------- Alin. ((7) of art. 10 10 has been amended by section 10 10 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. + Article 11 (1) The amounts provided for in art. 9 9 para. ((1) lit. a), b), c), e), f) and s) 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. ... --------- Alin. ((1) of art. 11 11 has been amended by section 11 11 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. (2) The amounts referred to in art. 9 9 para. ((1) lit. d), i), j), p), v), w) and x) shall be declared and paid annually by the legal and natural persons carrying out those activities, until January 25 inclusive of the following year. ... ---------- Alin. ((2) of art. 11 11 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((2 ^ 1) The amounts provided for 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. ---------- Alin. (2 ^ 1) of art. 11 11 was introduced by the subsection. 20 20 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. ((2 ^ 2) The amounts provided for in art. 9 9 para. ((1) letter s) and t) shall be determined by decision and shall be paid according to the date of communication of the decision, as follows: a) if the date of communication is between 1-15 of the month, the payment deadline is up to the 5th of the following month, including; ... b) if the date of communication is between 16-31 of the month, the payment deadline is up to the 20th of the following month, inclusive. ... ---------- Alin. (2 ^ 2) of art. 11 11 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((2 ^ 3) The amounts referred to in art. 9 9 para. ((1) lit. y) shall be declared and paid annually by economic operators authorized to take over the annual collection obligations of electrical and electronic equipment, respectively by economic operators authorized to take over the obligations annual collection of waste batteries and portable accumulators, until 25 January inclusive of the following year. ---------- Alin. ((2 ^ 3) of art. 11 11 has been introduced by section 10 10 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (3) The declaration shall be submitted or transmitted to the Administration of the Fund, and payment shall be made in a separate account opened with the treasury in its name ... (4) The forms and instructions for their use regarding the administration of claims due to the budget of the Environmental Fund are approved by order of the head of the central public authority for environmental protection. ... ---------- Alin. ((4) of art. 11 11 has been amended by section 24 24 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 of 30 August 2013, by replacing the phrase "central public authority for the environment and forests" with the phrase "central public authority for environmental protection." ((5) Decisions and declarations regarding the establishment of claims to the budget of the Environmental Fund shall be a debt instrument and shall become enforceable on the due date ... ------------ Alin. ((5) of art. 11 11 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 115 115 of 15 December 2010 , published in MONITORUL OFFICIAL no. 862 862 of 22 December 2010. + Article 12 ((1) Contributions, taxes, penalties and other amounts that constitute income to the budget of the Environmental Fund shall be managed by the Administration of the Fund and shall follow the legal regime of taxes, fees, contributions and other amounts due to the budget consolidated general, regulated by Law no. 207/2015 ... , with subsequent amendments and completions. ---------- Alin. ((1) of art. 12 12 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((2) Administration of contributions, duties, penalties and other amounts constituting income of the Environmental Fund, including declaration, establishment, control, collection, resolution of appeals, and fulfillment of precautionary measures and the enforcement procedure is carried out by the Administration of the Fund in accordance with the provisions Law no. 207/2015 ... , with subsequent amendments and completions, which shall apply accordingly. ---------- Alin. ((2) of art. 12 12 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (3) For non-payment at the maturity date by the debtors of the payment obligations provided in art. 9 9 para. (1) interest and late payment penalties are due, according to the provisions Law no. 207/2015 ... , with subsequent amendments and completions. ---------- Alin. ((3) of art. 12 12 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (3 ^ 1) For the amounts to be returned from the financing granted provided in art. 9 9 para. ((1) lit. l) interest and late payment penalties are due from the date of granting of the financing until the date of the release of the debit. --------- Alin. (3 ^ 1) of art. 12 12 has been introduced by section 7 7 of art. I of EMERGENCY ORDINANCE no. 115 115 of 15 December 2010 , published in MONITORUL OFFICIAL no. 862 862 of 22 December 2010. (3 ^ 2) By exception to the provisions of par. (3), no interest and late payment penalties are due for the amounts provided in art. 9 9 para. ((1) lit. k), m)-o), r) and s). ---------- Alin. (3 ^ 2) of art. 12 12 has been introduced by section 7 7 of art. I of EMERGENCY ORDINANCE no. 115 115 of 15 December 2010 , published in MONITORUL OFFICIAL no. 862 862 of 22 December 2010. (4) In case of non-payment due to the maturity of the contributions and taxes due to the Environmental Fund, the Administration of the Fund shall proceed to the application of the measures to recover the claims through enforcement ... ((4 ^ 1) By way of derogation from the provisions art. 11 11 para. ((1) of Law no. 26/1990 on the commercial register, republished, with subsequent amendments and completions, the information and/or simple copies/certificates from the records made in the trade register and on the submitted documents, as well as the finding certificates that a certain act or fact is or is not registered are issued to the Fund Administration without the payment of the tariff, based on the collaboration protocols concluded. ---------- Alin. (4 ^ 1) of art. 12 12 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((5) Abrogat. ... --------- Alin. ((5) of art. 12 12 has been repealed by section 6.6. 4 4 of art. VIII of EMERGENCY ORDINANCE no. 71 71 of 31 August 2011 , OFFICIAL MONITOR no. 637 637 of 6 September 2011. ((6) Abrogat. ... --------- Alin. ((6) of art. 12 12 has been repealed by section 6.6. 4 4 of art. VIII of EMERGENCY ORDINANCE no. 71 71 of 31 August 2011 , OFFICIAL MONITOR no. 637 637 of 6 September 2011. ((7) Abrogat. ... --------- Alin. ((7) of art. 12 12 has been repealed by section 6.6. 4 4 of art. VIII of EMERGENCY ORDINANCE no. 71 71 of 31 August 2011 , OFFICIAL MONITOR no. 637 637 of 6 September 2011. + Chapter IV Destination of the Environment Fund + Article 13 (1) The Environmental Fund shall be used to finance projects and pilot programmes and the following categories of projects and programmes for the protection of the environment: ... --------- The introductory part of para. ((1) of art. 13 13 has been amended by section 4.2 1 1 of art. unique from LAW no. 384 384 of 24 December 2013 , published in MONITORUL OFFICIAL no. 9 9 of 8 January 2014, which introduces the item 11 11 ^ 1 al art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. a) reducing the impact on the atmosphere, water and soil, including air quality monitoring; ... b) reduction of noise level; ... c) waste management; ... --------- Lit. c) a par. ((1) of art. 13 13 has been amended by section 4.2 12 12 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. d) protection of water resources, integrated water supply systems, treatment plants, sewage and treatment plants; ... e) integrated coastal zone management; ... --------- Lit. e) a par. ((1) of art. 13 13 has been amended by section 4.2 12 12 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. 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) the application of clean technologies, including coal gasification and high-efficiency cogeneration, but not limited to them; ... --------- Lit. l) a par. ((1) of art. 13 13 has been amended by section 4.2 12 12 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. m) carrying out monitoring, studies and research in the field of environmental protection and climate change on tasks derived from international agreements, European directives or other national or international regulations, as well as research and development on climate change; ... --------- Lit. m) a par. ((1) of art. 13 13 has been amended by section 4.2 12 12 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. n) modernization and rehabilitation of energy groups; ... --------- Lit. n) a par. ((1) of art. 13 13 has been amended by section 4.2 12 12 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. o) closing of tailings in the mining sector; ... p) carrying out works aimed at preventing, removing and/or diminishing the effects produced by extreme weather events, as well as other harmful factors, under the law; ... ---------- Lit. p) a par. ((1) of art. 13 13 has been amended by section 4.2 13 13 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. 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 urban areas; " ... --------- Lit. r) a par. ((1) of art. 13 13 has been amended by section 4.2 12 12 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. 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 in urban and peri-urban areas; ... ---------- Lit. u) a par. ((1) of art. 13 13 has been amended by section 4.2 13 13 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. v) Development and optimization program of the National Air Quality Monitoring Network. ... ----------- Lit. v) par. ((1) of art. 13 13 was introduced by section 4.2. 8 8 of art. I of EMERGENCY ORDINANCE no. 115 115 of 15 December 2010 , published in MONITORUL OFFICIAL no. 862 862 of 22 December 2010. w) reducing greenhouse gas emissions in transport by promoting clean road transport vehicles from an energy point of view; ... --------- Lit. w) a par. ((1) of art. 13 13 was introduced by section 4.2. 13 13 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. x) carrying out works for energy efficiency. ... ---------- Lit. x) a par. ((1) of art. 13 13 has been amended by section 4.2 13 13 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. y) reducing greenhouse gas emissions in agriculture; ... --------- Lit. y) a par. ((1) of art. 13 13 was introduced by section 4.2. 13 13 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. aa) Program for the development and optimization of the National Network for the surveillance of environmental radioactivity; ... ---------- Letter aa) a par. ((1) of art. 13 13 was introduced by section 4.2. 15 15 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. bb) Assessment, characterisation and waste classification programme. ... ---------- Lit. bb) a par. ((1) of art. 13 13 was introduced by section 4.2. 15 15 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. z) repealed; ... ---------- Lit. z) par. ((1) of art. 13 13 has been repealed by section 6.6. 14 14 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((1 ^ 1) The categories of beneficiaries and the financing methodology providing for the analysis, selection, approval, implementation of pilot projects and pilot programs for environmental protection provided in par. ((1) shall be established by the financing guide related to each program or project, which shall be developed by the Environmental Fund Administration and approved by order of the head of the central public authority for environmental protection. ---------- Alin. ((1 ^ 1) of art. 13 13 has been introduced by section 16 16 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (2) The environmental fund shall be financed by pilot projects and pilot programmes and projects and programmes in the categories referred to in paragraph 1. ((1), by one or more of the following modalities, established by the normative acts issued in accordance with the provisions of par. ((1 ^ 1), (4) and (5): ... a) financial support of projects through financing or non-reimbursable co-financing; ... b) co-financing projects financed by European funds and/or other international funds, including the co-financing of the LIFE Programme ... ---------- Alin. ((2) of art. 13 13 has been amended by section 17 17 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (2 ^ 1) The amounts resulting from the application of art. 9 9 para. ((1) lit. t) is used as follows: a) 98% for green investments; ... b) 2% for information and awareness campaigns, as well as for research studies on climate change. ... --------- Alin. (2 ^ 1) of art. 13 13 has been introduced by section 14 14 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. (2 ^ 2) Green investments mean those investments that finance projects that generate greenhouse gas emissions. --------- Alin. (2 ^ 2) of art. 13 13 has been introduced by section 14 14 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. ((2 ^ 3) The amounts referred to in par. ((2 ^ 1) lit. a) for green investments is used to finance the projects provided in par. ((1) lit. g), i), l), n), x), y), z) and w). --------- Alin. ((2 ^ 3) of art. 13 13 has been introduced by section 14 14 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. (2 ^ 4) The amount resulting from the application of art. 9 9 para. ((1) lit. t) is used to finance investments in the production of energy from renewable sources by individuals who realize energy capacities with installed power up to 100 kW, according to the provisions art. 12 12 para. ((6) of Law no. 220/2008 , republished, with subsequent amendments and completions. --------- Alin. ((2 ^ 4) of art. 13 13 has been introduced by section 14 14 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. (3) Financial support is granted from the Environmental Fund for projects proposed by individuals and legal entities, by public or private law, including administrative-territorial units and administrative-territorial subdivisions of municipalities, intercommunity development associations, public institutions, research institutes/institutions, development, innovation, educational establishments and institutions, non-governmental organizations, cults recognized according to the law, associative forms of management and exploitation of agricultural land or with vegetation forestry, economic operators, forestry ocoals, owners ' associations, authorized individuals, individual enterprises and family enterprises. ... --------- Alin. ((3) of art. 13 13 has been amended by section 15 15 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. (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) lit. a)-l), n), q)-s), u), w)-z) shall be established by the funding guide related to each program or project, which is developed by the Environmental Fund Administration and approved by order of the head of the central public authority for protection environment. ... ---------- Alin. ((4) of art. 13 13 has been amended by section 17 17 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (4 ^ 1) The projects selected to be financed and the amounts allocated for each project selected according to the provisions of par. ((1) lit. d) is approved by joint order of the Minister of Environment and Climate Change and the Minister of Regional Development and Public Administration. --------- Alin. (4 ^ 1) of art. 13 13 has been introduced by section 16 16 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. (5) The categories of works and/or projects for environmental protection that can be financed according to the provisions of par. ((1) lit. m), o), p), t), v), aa) and bb), as well as the amounts intended for their financing are approved by Government decision, at the proposal of the central public authority for environmental protection. ... ---------- Alin. ((5) of art. 13 13 has been amended by section 17 17 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (5 ^ 1) The beneficiary of the studies and research provided in par. ((1) lit. m) can also be the Administration of the Fund, in this case applying the provisions of the legislation in force on public procurement ------------ Alin. (5 ^ 1) of art. 13 13 has been introduced by section 10 10 of art. I of EMERGENCY ORDINANCE no. 115 115 of 15 December 2010 , published in MONITORUL OFFICIAL no. 862 862 of 22 December 2010. (5 ^ 2) Beneficiaries of the projects provided in par. ((2 ^ 1) lit. a) may be: a) economic operators; ... b) central and local public administration authorities. ... --------- Alin. (5 ^ 2) of art. 13 13 has been introduced by section 17 17 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. ((5 ^ 3) Beneficiaries of projects for information campaigns, awareness and research studies in the field of climate change, provided in par. ((2 ^ 1) lit. b), may be: a) central and local public administration authorities; ... b) non-governmental organizations ... c) units of the national system of research, development and innovation. ... --------- Alin. (5 ^ 3) of art. 13 13 has been introduced by section 17 17 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. (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. ... ((8 ^ 1) By way of derogation from the provisions art. 47 47 para. ((8) and (9) of Law no. 500/2002 on public finances, with subsequent amendments and completions, the head of the central public authority for the protection of the environment is authorized to approve by order the making of commitment appropriations and budget credits with at least one the month before the expenses are committed, which will be communicated to the Ministry of Public Finance within 5 days. ---------- Alin. (8 ^ 1) of art. 13 13 has been introduced by section 18 18 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (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 are hereby approved by the President of the Fund Administration. ... ------------- Article 13 has been amended by the subsection. 23 23 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. + Article 13 ^ 1 Repealed. ---------- Article 13 ^ 1 was repealed by the sub-item. 24 24 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. + Article 14 (1) The applicants of the projects submitted to the Environmental Fund Administration falling under any of the following situations shall not be eligible: ... a) were convicted of crimes against the environment, by final court decision; ... b) record outstanding tax obligations administered by the central fiscal body and the local fiscal body, defined according to art. 1 1 section 31 31 and 32 of Law no. 207/2015 ... , with subsequent amendments and completions; c) record outstanding tax obligations administered by the Environmental Fund Administration. ... ---------- Alin. ((1) of art. 14 14 has been amended by section 19 19 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (2) The revenues of the Environmental Fund may not be used for speculative financial placements or operations. ... + Chapter V Sanctions + Article 15 (1) The violation of the provisions of this emergency ordinance attracts civil, contravention or criminal liability, as the case may be. ... (2) The non-submission of statements on obligations to the Environmental Fund constitutes contravention and is sanctioned with a fine from 500 lei to 1,000 lei, for individuals, and with a fine of 1,000 lei to 5,000 lei, for persons legal. ... --------- Alin. ((2) of art. 15 15 has been amended by section 18 18 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. (3) The non-display at the point of sale, in visible place, of 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. ... ---------- Alin. ((3) of art. 15 15 was introduced by the subsection. 26 26 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. (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. ... ---------- Alin. ((4) of art. 15 15 was introduced by the subsection. 26 26 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. + Article 16 (1) The finding of contraventions and the application of sanctions shall be as follows: ... a) by the specialized personnel of the Administration of the Fund and/or of the National Environmental Guard, through its territorial units, for the contravention provided in art. 15 15 para. ((2) and (4); ... --------- Lit. a) a par. ((1) of art. 16 16 has been amended by section 4.2 19 19 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. b) by the authorized personnel of the National Environmental Guard, through its territorial units, for the contravention provided in art. 15 15 para. ((3). ... ---------- Alin. ((1) of art. 16 16 has been modified by the subsection. 27 27 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. (2) The contraventions provided for in this Emergency Ordinance are applicable to the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ... (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. ... ---------- Alin. ((3) of art. 16 16 was introduced by the subsection. 28 28 of section 2 2 of art. I of LAW no. 167 167 of 14 July 2010 , published in MONITORUL OFFICIAL no. 504 504 of 20 July 2010 amending EMERGENCY ORDINANCE no. 15 15 of 23 February 2010 published in MONITORUL OFFICIAL no. 192 192 of 26 March 2010. + Chapter VI Transitional and final provisions + Article 17 Methodology for calculating the contributions and fees provided for in art. 9 9 para. ((1) lit. a)-f), i), j), p), q), s), s), t), v)-y) shall be established by order of the head of the central public authority for environmental protection. ---------- Article 17 has been amended by section 6.6. 20 20 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. + Article 18 (1) The Regulation on organization and functioning of the Administration of the Fund shall be approved by Government decision, at the proposal of the central public authority for environmental protection, within 60 days from the entry into force of this ordinance Emergency. ... (2) The organizational structure of the Fund Administration shall be approved by order of the head of the central public authority for environmental protection within 30 days from the entry into force of the organization and functioning regulation. ... + Article 19 Annexes no. 1-3 are an integral part of this emergency ordinance. --------- Article 19 has been amended by section 6.6. 20 20 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. + Article 20 The date of entry into force of this Emergency Ordinance shall be repealed. Law no. 73/2000 on the Environmental Fund, republished in the Official Gazette of Romania, Part I, no. 889 of December 9, 2002, with subsequent amendments and completions, the provisions of art. 18 18 and ale art. 19 19 para. (2) of Government Ordinance no. 77/2004 to stimulate the association of owners of private forests for the purpose of their sustainable management, published in the Official Gazette of Romania, Part I, no. 791 of 27 August 2004, approved with amendments by Law no. 515/2004 ,, as well as any other provisions to the contrary. PRIME minister CĂLIN POPESCU-TARICEANU Countersign: --------------- Minister of Environment and Water Management, Sulfina Barbu Minister for Agriculture, Forestry and Rural Development, Gheorghe Flutur Minister of Economy and Trade, Codrut Ioan Seres Minister for Transport, Construction and Tourism Gheorghe Dobre Health Minister, Gheorghe Eugen Nicolaescu Minister of Public Finance, Sebastian Teodor Gheorghe Vladescu Bucharest, December 22, 2005. No. 196. + Annex 1 TAXES for emissions of pollutants into the atmosphere from fixed and mobile sources, collected from economic operators ------------- The title of Annex 1 was amended by point 10 10 of art. unique from LAW no. 105 105 of 25 April 2006 , published in MONITORUL OFFICIAL no. 393 393 of 8 May 2006. --------------------------------------------------------------- No. Emissions of pollutants in the atmosphere crt. --------------------------------------------------------------- 1. Powder 0,02 lei (RON) /kg 2. Nitrogen oxide 0,04 lei (RON) /kg 3. Sulphur oxides 0,04 lei (RON) /kg 4. Persistent organic poluants 20 lei (RON) /kg 5. Heavy Metals: -lead 12 lei (RON) /kg -cadmium 16 lei (RON) /kg -mercury 20 lei (RON) /kg --------------------------------------------------------------- + Annex 2 *) Charges collected for inert and non-hazardous waste entrusted for final disposal by storage in 2017 and from 2018 onwards ┌ ---------------------------------- ----------------- | Year | Tax | | | | (lei/tonne) | ├ ---------------------------------- 留言 | 加入好友 | | 2017 | 80 | ├ ---------------------------------- 留言 | 加入好友 | Since 2018 | 120 | └ ---------------------------------- ️ --------- Annex 2 was amended by section 4.2. 6 6 of art. unique from LAW no. 384 384 of 24 December 2013 , published in MONITORUL OFFICIAL no. 9 9 of 8 January 2014, amending Annex 1 to the ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013. + Annex 3 Minimum recovery or incineration objectives in incineration plants with energy recovery and recovery by recycling, global and by type of packaging materials, from 2013 onwards *Font 8 * ┌ ----------- -----------------------------------------------------------------------------) | | Objective of recovery by recycling/type of material * 1) (%) | Objective | Objective | ├ ----------- 留言 | 加入好友 ---- -- -- -- -- -- -- -- -- | Year | Paper | Plastic | Glass | Metal | Wood | valorification| valorification | | | cardboard | | | | | | | by cold-| or incine-| ├ ----------- 留言 | 加入好友 --- 留言 | 加入好友 --- 留言 | 加入好友: | | | Total | Of which | | Total | Of which | | (%) | installations | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | energy | | | | | | | | | | | (%) | ├ ----------- 留言 | 加入好友 --- 留言 | 加入好友 -- 留言 | 加入好友 ---- | starting with | | | | | | | | | | | | | 1.09.2013 | 60 | 22.5 | 55 | 60 | 50 | 21 | 15 | 55 | 60 | └ -----------] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] -------- *. The minimum percentage of the total mass of the packaging material contained in the waste resulting from the packaging placed on the national market. *. The minimum total mass of all packaging materials contained in the waste resulting from the packaging placed on the national market. * 3) The minimum mass percentage of all packaging waste contained in the waste resulting from packaging placed on the national market. --------- Annex 3 has been replaced by Annex 2 ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013, according to point 22 22 of art. I of the same normative act. + Annex 4 Repealed. --------- Annex 4 was repealed by section 6.6. 23 23 of art. I of ORDINANCE no. 31 31 of 27 August 2013 , published in MONITORUL OFFICIAL no. 553 553 of 30 August 2013, according to point 22 22 of art. I of the same normative act. + Annex 5 Contribution for electrical and electronic equipment ┌ ----------------------------------------------------------------- | Electrical and electronic equipment category (according to the annex | Contribution | | | No. 1 1 to Government Emergency Ordinance no. 5/2015 on | (lei/kg) | | waste electrical and electronic equipment) | | ├ ----------------------------------------------------------------- " | Categories 1-4, 6-10 to 14.08.2018, respectively categories | 4 | | 1-2, 4-5 from 15.08.2018 | | | ├ ----------------------------------------------------------------- " | Category 5 until 14.08.2018, respectively category 3 from | 20 | | 15.08.2018 | | | └ ----------------------------------------------------------------- ---------- Annex 5 was introduced by section 6.6. 21 21 of art. I of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 of 30 June 2016, having the content of the Annex of the same normative act ----
