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Second BERCEN plenary meeting - Ohrid, September 15-16 2003

Second BERCEN plenary meeting - Ohrid, September 15-16 2003 Key achievements in environmental enforcement and compliance, and discussion on the selected issue/problem in ROMANIA Daniela FLOREA NATIONAL ENVIRONMENTAL GUARD.

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Second BERCEN plenary meeting - Ohrid, September 15-16 2003

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  1. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 Key achievements in environmental enforcement and compliance, and discussion on the selected issue/problem in ROMANIA Daniela FLOREA NATIONAL ENVIRONMENTAL GUARD Ohrid, Macedonia 15 - 16 September 2003

  2. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 New law, regulation, strategy • The approximation strategy for the sector “Horizontal legislation” was updated according to the new commitments assumed by Romania in the position paper for chapter 22 – Environment. • The Law No. 294/2003 (OJ 505/14.07.2003) on the approval of the Governmental Emergency Ordinance No. 91/2002 (OJ no 465/ 28.06.2002) amended the framework - Law on environmental protection No.137/1995, republished. It sets up the general organizing and functioning framework of the system instituted in order to ensure pollution prevention, environmental protection, monitoring of the activities with environmental impact, enforcement and efficiency of the imposed measures. Ohrid, Macedonia 15 - 16 September 2003

  3. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 New law, regulation, strategy Horizontal legislation • Governmental Decision No. 918/2002 on the establishing of the assessment framework procedure of the impact on the environment and for approval of thelist of the public and private projects subject to this procedure – (OJ 686/17.09.2002) • Order of Minister of Waters and Environmental Protection No. 860/2002 for the approval of the assessment procedure of the impact on the environment and of the issuing of the environmental permit – (OJ 52/31.01.2003) • Order of the Minister of Waters and Environmental Protection No. 863/2002 for the approval of the methodological Guidance applicable to the stages of the assessment framework procedure of the impact on the environment – (OJ 52/31.01.2003) • Order of the Minister of Waters and Environmental Protection No. 864/2002 on the approval Procedure for environmental impact assessment in transboundary context and for public participation in decision making for projects with transboundary impact (OJ 397/9.06.2003) Ohrid, Macedonia 15 - 16 September 2003

  4. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 New law, regulation, strategy Air quality and climate change • Order of the Minister of Waters and Environmental Protection No. 592/2002 on the approval of the Norm regarding the establishing of the limit values, of the thresholds values and of criteria and methods of assessment of sulfur dioxide, nitrogen dioxide and nitrogen oxides, particulate matter, (PM10 and PM2,5) lead, benzene, carbon monoxide and ozone in ambient air – (OJ 765/21.10.2002)   • Order of the Minister of Waters and Environmental Protection No. 745/2002 establishing the agglomerations and the classification of the agglomerations and of the areas for the assessment of the air quality in Romania - (O.J. 739/09.10.2002) • Governmental Decision No. 142/2003 relating to the sulphur limit from liquid fuels (OJ 112/21.02.2003) Ohrid, Macedonia 15 - 16 September 2003

  5. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 New law, regulation, strategy Waste management • Governmental Decision No. 123/2003 on the approval of the National Plan for the waste management – stage national plan (OJ 113/24.02.2003) • Governmental Decision No 662/2001(OJ 446/8.08.2001) on waste oils management, as amended by the Governmental Decision 441/2002 (OJ 325/16.05.2002 • Governmental Decision No 162/2002 on the landfill of waste - (OJ 164/ 7.03.2002) • Order of the Minister of Waters and Environmental Protection No. 867/2002 on the defining of the criteria which must be fulfilled by waste in order to be found on the specific list of a landfill and the national list of accepted waste in every class of waste landfill – (OJ 848/25.11.2002) Ohrid, Macedonia 15 - 16 September 2003

  6. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 New law, regulation, strategy Waste management– cont. • Order of the Ministry of Waters and Environmental Protection No. 1147/2002 on the approval of the Technical Norm regarding the landfill of waste – the building, the exploitation, the monitoring and the closing up of the landfill of waste (OJ 150/7.03.2003) • Governmental Decision No 128/2002 on the incineration of waste - (OJ 160/6.03. 2002 ) • Order of the Minister of Waters and Environmental Protection No. 1215/2003 for the approval of the Norm on incineration of waste – (OJ 150/7.03.2003) • Governmental Decision 856/2002 on the evidence of the waste management and for the approval of the list of waste including hazardous waste (OJ 659/5.09.2002) Ohrid, Macedonia 15 - 16 September 2003

  7. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 New law, regulation, strategy Water quality • Governmental Decision No 188/2002 for the approval of the norms regarding the discharging of waste waters into the aquatic environment - (OJ 187/ 20.03.2002) • Order of the Minister of Waters and Environmental Protection No. 1146/2002 on the approval of the Norm regarding the reference objectives for the classification of the quality of the surface waters (OJ 197/27.03.2003). • The Order of the Ministry of Waters and Environmental Protection No.918/08.10.2002 for the approval of the Code of the good agricultural practices for the farmers’ use • Order of the Minister of Waters and Environmental Protection No. 35/2003 on the approval of the Measurement and Analysis Methods used in the determining of the prioritary substances /prioritary dangerous substances from the discharged used waters and from the surfaced waters (OJ 305/7.05.2003) – order issued for the implementation Ohrid, Macedonia 15 - 16 September 2003

  8. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 New law, regulation, strategy Water quality – cont. • Order of the Minister of Agriculture, Forests, Waters and Environment No. 501/2003 on the approval of the Regulation for the drawing –up of the initial inventory of the pollution sources of the aquatic environment and of the ground waters (OJ 591/20.08.2003) - order issued for the implementation • Governmental Decision No 202/2002 approving the technical norms for the quality of surface waters needing protection or improvement in order to support fish life - (OJ 196/22.03.2002) • Order of the Ministry of Waters and Environmental Protection No. 1049/13.11.2002 for the approval of the plan of measures for the elimination and reduction of the pollution risk of ground waters – order issued for the implementation Ohrid, Macedonia 15 - 16 September 2003

  9. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 New law, regulation, strategy Chemical substances and genetically modified organisms • Governmental Decision No. 490/2002 (OJ 356/ 28.05.2002) approving the methodological norms for the application of Government Emergency Ordinance No 200/2000 on the classification, packaging and labelling of dangerous substances and dangerous preparations • Governmental Decision No. 92/2003 on the approval of the Methodological norms on the classification, labelling and packaging of dangerous chemical preparations – (OJ 118/25.02.2003) • Order of the Ministry of Industry and Resources No. 608/2002 for the approval of the European List of the notified chemical substances – ELINCS (OJ 920/17.12.2002) • Governmental Decision No. 1300/2002 on the notification of the chemical substances (OJ 894/10.12.2002) • Order of the Economy and Trade No. 26/2003 on the certain preparing measures for organising of the afferent activities of the notifications of the chemical substances (OJ No. 548/30.07.2003) Ohrid, Macedonia 15 - 16 September 2003

  10. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 New law, regulation, strategy Chemical substances and genetically modified organisms– cont. • Order of the Ministry of Waters and Environmental Protection No. 1202/2002 for the contingency of the consume and of the production of depleting ozone layer substances in 2003 - (OJ 99/18.02.2003) • Governmental Decision No. 124/2003 on the prevention, reduction and control of the environmental pollution by asbestos – (OJ 109/20.02.2003) • Governmental Decision No. 347/2003 on the restriction on placing on the market and use of certain dangerous chemical substances and preparations (OJ 236/07.04.2003) Ohrid, Macedonia 15 - 16 September 2003

  11. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 New law, regulation, strategy Industrial pollution control and risk management IPPC • Law No. 645/2002 (OJ 901/12.12.2002) for the approval of Governmental Emergency Ordinance No 34/2002 (OJ 223/3.04.2002) on the integrated pollution prevention, reduction and control • Order of the Minister of Waters and Environmental Protection No. 890/03.10.2002 on the setting of the Service of Industrial Pollution Control • Order of the Minister of Waters and Environmental Protection No. 1133/05.12.2002 on the modifying and completion of the Order No. 184/1997 for the approval of the Procedure of the realization of the environmental balances Ohrid, Macedonia 15 - 16 September 2003

  12. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 New law, regulation, strategy Industrial pollution control and risk management IPPC – cont. • Order of the Minister of Waters and Environmental Protection No. 1144/2002 on the setting of the Register of the emitted pollutants in the activities which fall under the provision of the Governmental Emergency Ordinance No. 34/2002 • Order of the Minister of the Waters and Environmental Protection No. 1440/2003 (OJ 177/20.03.2003) on the approval of the Implementation National Guide of the Register of the Emitted Pollutants by the activities which are under the incidence of the provisions of Governmental Emergency Ordinance No.34/2002 • Order of the Minister of Waters and Environmental Protection No. 37/2003 for the approval of the Reference Document on the best available techniques for the cellulose and paper industry (OJ 247/10.04.2003) Ohrid, Macedonia 15 - 16 September 2003

  13. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 New law, regulation, strategy Industrial pollution control and risk management SEVESO II • Governmental Decision No. 95/2003 on the control of the activities which involves major-accident hazards involving dangerous substances – (OJ 120/25.02.2003) • Order of the Minister of Waters and Environmental Protection No. 1441/2003 on the setting –up of the Risk Secretariat for the control of the activities which involves major-accident hazards involving dangerous substances (OJ 196/26.03.2003) Ohrid, Macedonia 15 - 16 September 2003

  14. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 New law, regulation, strategy Industrial pollution control and risk management LCP • Govermental Decision 541/2002 on the establising of some measures on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ 365/29.05.2003) VOC • Governmental Decision No. 699/2003 on the establishing of certain measures on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (OJ 489/8.07.2003) Ohrid, Macedonia 15 - 16 September 2003

  15. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 New law, regulation, strategy Industrial pollution control and risk management Eco-labelling • Order of the Minister of Waters and Environmental Protection No. 1010/2002 on the approval of nominal composition of the National Commission for the award of the Eco-Label – (OJ 851/26.11.2002) • Order of the Minister of Waters and Environmental Protection No. 1327/2003 (OJ 172/19.03.2003) modifying the Order of the Minister of Waters and Environmental Protection No. 1010/2002 on the approval of nominal composition of the National Commission for the award of the Eco-Label •  Governmental Decision No 827/2002 establishing the ecological criteria for the award of the eco-label to refrigerator - (OJ 638/29.08.2002) • Governmental Decision No. 40/2003 establishing the criteria for the award of the ecological label for the laundry washing machines for domestic use (OJ 82/10.02.2003) • Governmental Decision 325/2003 on the establishing of the criteria for the award of the ecological label for the dishes washing machines for domestic use (OJ 223/03.04.2003) Ohrid, Macedonia 15 - 16 September 2003

  16. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 Organizational change/ improvement As aresult of the reorganization of the governmental administrative structure, based on the provisions of the art. 16 paragraph 5 letter a) of the GEO No. 64/2003, the NATIONAL ENVIRONMENTAL GUARD is reorganized as specialized body of the central public administration with legal personality, by taking over the Forestry and Cynegetic Territorial Inspectorates, legal institutions in the subordination of the former Ministry of Agriculture, Food and Forests. Based on the provisions of the art. 1 paraghaph 2 of the GD No. 761/2003 for the reorganization and functioning of the NATIONAL ENVIRONMENTAL GUARD (Of.J. No. 499/10.07.2003), this structure is functioning in the subordination of the NATIONAL AUTHORITY OF CONTROL, financed by the state budget through the Authority’s budget, with amaximum approved number of 903 posts allocated as follows: -          - 644 posts for its own structure; -          - 259 posts for theForestry and Cynegetic Territorial Inspectorates which are in its subordination; Ohrid, Macedonia 15 - 16 September 2003

  17. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 National Environmental GuardOrganizational structure • General Commissariat of National Environmental Guard, Bucharest • Commissariat of National Environmental Guard of Bucharest city; • Territorial Commissariats of National Environmental Guard;; • Environmental Commissariat of the Administration of Biosphere Reserve “Danube Delta”; • Forestry and Cynegetic Territorial Inspectorates Ohrid, Macedonia 15 - 16 September 2003

  18. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 National Environmental GuardMain attributions (1) • Controlling the activities with major impact on environment factors, find violations of legal provisions in environmental protection field and apply the contravention fines; • Participation at the actions aimed to eliminate or mitigate the effects of the major pollutions on the environment factors; • Information the authorities for penal investigation on the facts which, according to environmental legislation, represent infringements; • Controlling the environmental protection investments on all stages of execution • Co-operation with all the authorities that have responsibilities regarding the environmental protection; Ohrid, Macedonia 15 - 16 September 2003

  19. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 National Environmental GuardMain attributions (2) • Finding violations of legal provisions regarding the implementation for the forestry establishments and applying the contravention fines according to the law; • Finding violations of legal provisions in forestry field concerning the exploitation and trading of wood and applying the contravention fines; • Finding violations of legal provisions in hunting field concerning the management of the hunting funds and applying the contravention fines; • Controlling and finding violations regarding the poaching, as well as other illegal acts and applying the contravention fines according to the hunting law; • Collaboration with the similar organizations from the other countries, non-governmental organizations from our country and other states and also with the international organizations in the field of environmental protection etc. Ohrid, Macedonia 15 - 16 September 2003

  20. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 Activity of inspection and control(1) In the field of environmental protection, the activity of inspection and control is focused on the objectives with significant impact on the environment, under the incidence of EU Directives included the sector “Industrial pollution control and risk management” : - IPPC – integrated pollution prevention and control, - SEVESO - on the control of major accident hazards involving dangerous substances - COV – on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations - LCP- on the limitation of emissions of certain pollutants into the air from large combustion plants Ohrid, Macedonia 15 - 16 September 2003

  21. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 Activity of inspection and control(1) The activity of inspection and control is carried out according to the previsions of EU Recommendation 2001/331/EC, providing for minimum criteria for environmental inspections in the Member States, according to annul plans which are focusing mainly on the control of the activities with major impact on the environmental factors, having in view its conformity with the requirements of the environmental law in force. Ohrid, Macedonia 15 - 16 September 2003

  22. Second BERCEN plenary meeting - Ohrid, September 15-16 2003Eficiency of the activity of inspection and controlComparison between 2001 and 2002 20012002 Total number of controls 43.258 46.342 thereof 25.869 29.674 at the significant impact objectives Fines - Number 5.530 4.863 - - Value (billions lei) 35,19 54 (millions euro) 1,2 1,5 Ohrid, Macedonia 15 - 16 September 2003

  23. Second BERCEN plenary meeting - Ohrid, September 15-16 2003Activities of inspection and control 2002 - No. of orders for ceasing the activity - 121 • No. of summonses for ceasing the activity - 822 • No. of environment permits and licenses suspended - 214 • No. of notifications to the authorities for penal investigation - 64 Ohrid, Macedonia 15 - 16 September 2003

  24. Second BERCEN plenary meeting - Ohrid, September 15-16 2003Activities of inspection and control between January, 1st and 31 July, 2003 • No. of controls 23572 thereof 16740 at the significant impact objectives • Fines number 2528 value (billion lei) 32.57 (thousand Euro) 880 • No. of orders for ceasing the activity 42 • No. of summonses for ceasing the activity 326 • No. of environment permits and licenses suspended 31 • No. of notifications to the authorities for penal investigation 12 Ohrid, Macedonia 15 - 16 September 2003

  25. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 The institutional environmental structure in the harmonization process of the national legislation with the community aquis • The Inter-ministerial Committee for the coordination of the integration of environmental protection field into the sectoral policies and strategies at national level was set-up. The President of the Inter-ministerial Committee it is the Minister of agriculture, forests, waters and environment and the other members of the Inter-ministerial Committee are represented at the Secretary of State level. • The Ministry of Agriculture, Forests, Waters and Environment (MAFWE) • The National Environmental Guard with attributions in preventing, assessing and sanctioning the infringements of the legal provisions in the field of environmental protection, forestry, pisciculture, hunting, waters, soil, air, bio-diversity, as well of the specific attributions in the field of industrial pollution control and risk management, environmental fund, etc. • National Environmental Protection Agency (NEAP) and Regional Environmental Protection Agencies (REAPs) –will be set-up. • The Local Environmental Protection Agencies Ohrid, Macedonia 15 - 16 September 2003

  26. Second BERCEN plenary meeting - Ohrid, September 15-16 2003 The institutional environmental structure in the harmonization process of the national legislation with the community aquis (cont.) • The Authority for the Implementation of the economico-social cohesion funds for environmental infrastructure • The National Administration « Apele Romane » and « The National Institute of Meteorology, Hidrology and Water Management • The Administration of the Environmental Fund • The National Commission for Nuclear Activity Control (NCNAC) • The research institutes responsible with the elaboration of the research studies in environmental protection and water management field • LOCAL ADMINISTRATION • responsible for providing the environmental services to the population: water-supply, waste water collection and treatment; • responsible for the implementation of the provisions of the County Waste Management Plans; • responsible for identifying and preparedness the investment projects in the environmental field. Ohrid, Macedonia 15 - 16 September 2003

  27. Second BERCEN plenary meeting - Ohrid, September 15-16 2003Selected Issue/Problem • The manner to inspect and control the economical activities with major impact on the environment which are under the IPPC and SEVESO II Directives during the period of implementation of their requirements. • Training inspectors in compliance assessments of the economical plants • Inspections on the establishments under SEVESO II Directive provisions. Ohrid, Macedonia 15 - 16 September 2003

  28. Second BERCEN plenary meeting - Ohrid, September 15-16 2003In –country training programme Scope: Dissemination of the knowledge gained during the “Train the Trainers” programs organized by BERCEN Objectives: Training the environmental commissars from territory in the field of EU regulations regarding minimum criteria for inspections, IPPC and SEVESO II Directives and the steps to follow for their implementation. Timing and location: We intend to organize the two sessions of training. The trainings will be organize one by one, in November 2003, on Cheia, Prahova county, until the end and it will cover 3 days. Ohrid, Macedonia 15 - 16 September 2003

  29. Second BERCEN plenary meeting - Ohrid, September 15-16 2003In –country training programme Trainers and participants: • Trainers will be the four trainers trained during the two sessions “Train the Trainers” plus some experts which are involved in the process of implementation of the IPPC and SEVESO II Directives in Romania and if will be possible some experts from IMPEL countries. • The number of the participants will be about 100 (50 per each training - 2 persons from each Territorial Commissariat of National and persons from REC Romania and from others institutions). Ohrid, Macedonia 15 - 16 September 2003

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