Daniela FLOREA Mihaela BEU

1. ASPECTS REGARDING PLANNING AND REPORTING RELATED TO RECOMMENDATION 331/2001/EC ON MINIMUM CRITERIA FOR ENVIRONMENTAL INSPECTION AND ITS IMPLEMENTATION IN ROMANIA Daniela FLOREA Mihaela BEU Prague – Exchange programme 19-22 October 2004

2. Romania has 2 separate institution for permitting and controlling • National Environmental Guard (under the National Control Authority) having regional and county commissariats • Regional and county Environmental Protection Agencies (under the Ministry of Environment and Water Administration)

3. Legal framework • GD No 603/21.04.2004 (Of. J. No 401/05.05.2004) on re-organizing and functioning of NEG • Order No 541/2000 “Technical standards on the organization and carrying out the environmental control and inspection activities” will be amended in accordance with 2001/331/EC Recommendation of the European Parliament and European Council on minimum criteria for environmental inspections in the Member States

4. THE STRUCTURE OF NATIONAL ENVIRONMENTAL GUARD • General Commissariat (in Bucharest) • 7 Regional commissariats (institutions having judicial competence ) that also includes: • 35 counties commissariats • 1 commissariat for Biosphere Reservation “Danube Delta ” • 7 Territorial forest and hunting inspectorates (institutions having judicial competence ), that also includes: • 35 forest and hunting counties inspectorates

5. REGIONAL COMMISSARIATS OF NEG

6. NATIONAL ENVIRONMENTAL GUARD - MAIN ATRIBUTIONS Environmental protection field • controls the activities with environmental impact,applies penalties, reports the offences to the criminal prosecutor; • controls the major accidents risk activities and/or the major environment trans-boundary impact activities; • controls the import – export activities of the goods, products or other materials which special trade regime; • participates in the interventions for the elimination and limitation of major pollution effects; • controls the environmental investments in all execution stages ; • proposes to the issuing authorities the suspension and/or cancellation of the non-compliance issued regulation acts; • solves the complains in the environmental protection field.

7. NATIONAL ENVIRONMENTAL GUARD - MAIN ATRIBUTIONS Forestry field • controls the forestry fund owners and superintendents with a view to respect the forestry legislation; • controls the forestry health stage supervising activity (the forestry monitoring); • verifies if the ecological reconstruction activities, forestation and carrying forestry works are complying with the technical standards; • reports the offences in the forestry field to the criminal prosecutor; • applies penalties in the forestry field; • controls the wooden mass trade legality.

8. NATIONAL ENVIRONMENTAL GUARD - MAIN ATRIBUTIONS Hunting field • controls the hunting activity for all the hunting funds categories; • proposes to the hunting superintendents the cancellation of the hunting funds financial administration agreements or the withdrawal of the functioning license; • organizes the poaching prevention and discouraging; • reports the offences in the hunting field to the criminal prosecutor; • applies penalties in the hunting field; • controls if the hunting forces assessment and the harvest share settlement are complying with the technical instructions.

9. NATIONAL ENVIRONMENTAL GUARD - CONTROL AND INSPECTION ACTIVITIES • Control and inspection activity was organized in the environmental protection field by developing the types of inspections laid down in Recommendation 2001/331/EC (planned and non-planned inspections - in response to complaints, accidents investigation, incidents, issuing or prolongation of the regulation acts, environmental investments control). • The controlled installations were classified and inventoried based on their compliance with the criteria established by the main Directives of the European environmental protection legislation

10. THE REPLACEMENT OF THE PREVIOUS MINISTERIAL ORDER REGARDING CONTROL AND INSPECTION IN THE FIELD OF ENVIRONMENT (NO.541/2000) IS A NEED DUE TO: • The necessity of implementation of the E.U. control and inspection procedures (i.e. Recommendation 2001/331/CE on minim criteria on environmental inspection in the member states) • The necessity of complying to the new environmental protection related laws in Romania • The need of increasing the degree of conformation to the env. laws of economical activities • The goal of making the control activity more transparent • The need for increasing the efficiency of the env. inspections

11. GENERAL PROVISIONS OF THE NEW CONTROL AND INSPECTION PROCEDURE • The environmental inspection is mandatory for installations/companies having an significant impact on the env. and it is ensured by accredited commissars • The environmental inspection is a continuous process • The allocated time for inspection depends on the impact of the controlled installation/activity • The environmental inspection is performed according to a plan that cover the whole country • The inspections plans are public documents

12. NATIONAL ENVIRONMENTAL GUARD - CONTROL AND INSPECTION ACTIVITIES Controlled instalations: • Type A – which are follow under the provisions of: 1,121 A1 – Directive IPPC A2 – Directive Seveso II A3 – Directive LCP • Type B B1,B2, B3, B4, B5, B6, B7

13. PLANNING AND REPORTINGCURRENT SITUATION “It is a minimum criterion for inspections that there should be a plan for inspection covering a defined period (e.g. annual) for a defined area of an Inspecting Authority and with fixed terms of revision and specifying which types of installation are covered." A task following from the minimum criteria is to set to guidelines for this planning activity” (section 3.1 of minimum criteria for inspections paper)

14. PLANNING AND REPORTING –CURRENT SITUATION “Reports should describe and evaluate the work done and relate this to planned activities.Reports could include quantitative data about the financial and human resources of the inspecting body and adequate quantitative information on inspection activities”. (section 3.3 of minimum criteria for inspections paper)

15. PLANNING • Goals • Key elements • Industries tobe inspected • Data Management • Resources available/Time available/Frequency • Guidelines (national/regional/local commitments) • Frequency of inspections • Estimating Resources to complete inspections • Reactive inspections • Prioritization • Revision of the plan

16. REPORTING • Goals • Reporting to the public • Reporting as a managerial instrument • Reporting as a feedback to legislation • Reporting as a feedback to Central Level • Reporting as Member States to EC

17. REPORTING -KEY ELEMENTS • Description of the role of the inspecting authority • Quantitative data about the financial and human resources of the Inspecting Authority. • Details of the overall plan. • The number of inspections carried out. • The level of compliance with permit or legislative requirements and actions as a result of non-compliance. • Co-operation between Inspecting Authorities with complementary competencies. • Analysis of the effectiveness of legislation, permits etc. • A description and evaluation of the success or failure of the plan, relating this to the recommendations for future planned activities. • Frequency of reporting • Accesibility of the report for the public

18. PLANNING RECOMENDATION 331/2201 IMPLEMENTATION - EXAMPLE FOR CLUJ COUNTY • Establish the list of significant companies (type A or B) • Human resources and amount of total working hours/year • 60 up to 70% of total time alocated for inspections • Annual plan of inspections (it includes companies, number of inspections, number of hours alocated

19. ISSUES FOR THE INSPECTIONS OF IPPC UNITS ACCORDING THE 331/221/EC • Qualified/specialized personnel • Team work between NE Guard and EPA • Existence and quality of IPPC permit/license • Establishing the time allocated by commissars into the IPPC authorization process (ex.. authorization inspections, Technical approval commission meetings)