BERCEN 1 st Exchange program – 26-30 November 2002 Croatia

1. BERCEN 1st Exchange program – 26-30 November 2002 Croatia PROBLEMS AND SOLUTIONS IN COOPERATION AMONG ROMANIAN ENVIRONMENTAL RELATED INSTITUTIONS IN THE CONTEXT OF IMPLEMENTATION IPPC Ministry of Waters and Environmental Protection, ROMANIA

2. INDUSTRIAL POLLUTION CONTROL AND RISK MANAGEMENTSECTOR The sectoral strategy in industrial pollution control field has been updated, its main objectives being: Establishing of a specific compartment for pollution controlboth at central and local level Establishing of a specific database Establishing of the integrated monitoring system of the emissions into environment Elaboration of the Pollutant Release and Transfer Register Establishing of a national database for BAT Establishing of a national database for the emissions limit values Ministry of Waters and Environmental Protection, ROMANIA

3. INDUSTRIAL POLLUTION CONTROL AND RISK MANAGEMENTSECTOR (2) Timetable of the strategy implementation  Each Directive from this sector will be achieved by the end of 2003 The entering into force of these provisions is foreseen by the end of 2005. After 31 December 2005, all the activities / installations will have to comply with the new legal provisions. All the existing activities must comply with the new provisions within 10 years (2006 – 2015). The full implementation of the new legislation will be achieved by the end of 2015. Ministry of Waters and Environmental Protection, ROMANIA

4. INDUSTRIAL POLLUTION CONTROL AND RISK MANAGEMENTSECTOR (3) The Directives included in this sector are: Directive No 96/61/EC (IPPC)concerning integrated pollution prevention and control Directive No 88/609/EEC (LCP), on the limitation of emissions of certain pollutants into the air from large combustion plants amended by the Directive 2001/80/EC Directive No 1999/13/EC (VOC)on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations Directive No 96/82/EC (SEVESO II)on the control of major accident hazards involving dangerous substances Regulation (EC) No 1980/2000 of the European Parliament and of the Council on a revised Community eco-label award scheme Ministry of Waters and Environmental Protection, ROMANIA

5. COUNCIL DIRECTIVE NO 96/61/EC CONCERNING INTEGRATED POLLUTION PREVENTION AND CONTROL (IPPC) • Provisions of the 96/61/EC Directive have been transposed into Romanian legislation by the Governmental Emergency Ordinance No. 34/2002 on integrated pollution prevention and control (IPPC). • This legal act introduces the integrated approach of the measures necessary to reduce, prevent and control the pollution and also establishes the measures for Issuing the integrated environment permit for the Industrial activities according to its annex 1. Ministry of Waters and Environmental Protection, ROMANIA

6. COUNCIL DIRECTIVE NO 96/61/EC CONCERNING INTEGRATED POLLUTION PREVENTION AND CONTROL (IPPC) (2) The Directive covers the following aspects including: -  complete coverage of all IPPC installations by the permitting system; -  adequacy of information supplied by permit applicants; -  co-ordination among authorities involved in the permitting process; - completeness of permit conditions to cover all significant environmental impacts; -use of Best Available Techniques (BAT) as a basis for permit conditions; -  compliance with environmental quality standards; -  adequate compliane monitoring; -  regular review of permits; -  public participation in the permit procedure. Ministry of Waters and Environmental Protection, ROMANIA

7. COUNCIL DIRECTIVE NO 96/61/EC CONCERNING INTEGRATED POLLUTION PREVENTION AND CONTROL (IPPC) (3) Romanian relevant legislation for the implementation of IPPC Directive refers to: • Environmental Protection Law No. 137/1995, amended by Emergency Ordinance No. 91/2002; • Emergency Ordinance No. 34/2002 for the transposition oftheIPPC Directive • Law No. 86/2000 which ratified the previsions of Aarhus Convention on access to information and public participation in decision making and access to justice in environmental matters • Waters Law No. 107/1996; • Law No. 655/2001 regarding the atmosphere protection; • Law No. 293/2002 on approving the Emergency Ordinance no 93/2001on modification and up-dating ofthe Law no 73/2000 on Environmental Fund; Ministry of Waters and Environmental Protection, ROMANIA

8. COUNCIL DIRECTIVE NO 96/61/EC CONCERNING INTEGRATED POLLUTION PREVENTION AND CONTROL (IPPC) (4) • Order No. 125/1996 of the Minister of Waters, Forests and EnvironmentalProtection for the approval of the regulation procedure for social andeconomic activities with environmental impact; • Order No. 756/1997 for approval of the regulation concerning the environmental pollution assessment; • Order No. 184/1997 for approval of the procedure for elaborating of environment audits; • Order No. 541/2000 of the Minister of Waters and Environmental Protection on the approval of the Technical Norms regarding the inspection and environment control activity; • Order No. 462/93 for approval of technical conditions for air protection and the methodological norms concerning the pollutant emissions from stationary sources; • Law No 426/2001 for the approval of Emergency Ordinance No 78/2000 on waste regime. Ministry of Waters and Environmental Protection, ROMANIA

9. IMPLEMENTATION OF IPPC DIRECTIVE For the implementation of this directive by January 2003 (9 months from GEO 34/2002 entry into force, according to its art. 4 (2)) the following measures will be taken : • setting up of the Integrated Pollution Control Office within MWEP; • opening the negotiations with the Industries Employers Associations for setting up of the emission limit values of the industrial branches; • opening the negotiations with the Industry Employers’ Associations to establish the Best Available Techniques for each sector; Ministry of Waters and Environmental Protection, ROMANIA

10. IMPLEMENTATION OF IPPC DIRECTIVE (2) The main activities to be carried out are: • To elaborate the national norms and guidelines for all the “BREFs” approved by EU to be adopted according to the specific characteristics of Romania industry; • To establish a guideline for IPPC installation inspection and control; • To develop a Manual for the control procedures of the emission from IPPC installations; • To implement a national pollutant emissions register for including these data into EPER (European Pollutant Emissions Register) and elaboration a methodology of self-reporting procedures of the operators forfrequency of the reports issuing, reports content, voluntaries reporting procedures Ministry of Waters and Environmental Protection, ROMANIA

11. IMPLEMENTATION OF IPPC DIRECTIVE (3) • To elaborate a hand-book for all the IPPC specific activities(technological flux, control equipment, emissions, wastes, etc) • To elaborate a MO containing methodological norms concerning the guide for the elaboration of BREFs for the industrial sectors; • To organize a training on IPPC issues with the representatives of the EPIs and and the representatives from General Commissariat of the Environmental Guard; Ministry of Waters and Environmental Protection, ROMANIA

12. PRELIMINARY INVENTORY OF THE ROMANIAN INSTALATION UNDER THE PREVISIONS OF IPPC DIRECTIVE ·Total number of the IPPC installation: 2640 •         energy industry: 333; •         processing of metals: 698; •         mineral industry : 197; •         chemical industry: 632; • waste management : 213; • other activities: 567. Ministry of Waters and Environmental Protection, ROMANIA

13. ROMANIAN RELATED INSTITUTIONS IN THE CONTEXT OF IMPLEMENTATION IPPC • Ministry of Waters and Environmental Protection (MWEP) • Ministry of Industry and Resources (MIR) • Ministry of Local Public Administration (MLPA) - Civil Protection Department • Ministry of Public Health (MPH) • Ministry of Internal Affaires • Ministry of Defense Ministry of Waters and Environmental Protection, ROMANIA

14. PROBLEMS AMONG INVOLVED INSTITUTIONS • BAT data base is in preparation • Weak correlations among strategies and action plans of involved institutions regarding waste management • Energy efficiency- Economical interests of national energy producers and suppliers are often in contradiction with the increasing of energy efficiency • Action to prevent accidents and residual pollution on closure-week legislation regarding establishing environmental obligations on closure significant factories Ministry of Waters and Environmental Protection, ROMANIA

15. Possible solutions (1) • Adoption of BAT guides • Cooperation among all involved institutions and companies in elaboration and implementation of a waste management strategy or action plan • Subsidies for companies (both producers and users) who increase energy efficiency Ministry of Waters and Environmental Protection, ROMANIA

16. Possible solutions (2) • Adoption of a clear legislation regarding closure and dismantling of industrial sites • Training and specific accreditation of the personnel who issue the environmental permits and/or control units under IPPC Directive. • Establishing an unique pattern for monitoring and reporting • Establishing what kind of data are included in the “confidential” category and data that are public available Ministry of Waters and Environmental Protection, ROMANIA

17. Ministry of Waters and Environmental Protection, ROMANIA