BERCEN plenary meeting Budapest, September 9, 2002

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BERCEN plenary meeting - Budapest, September 9,
2002

• National key achievements in environmental
  enforcement and compliance, and proposals on
• further BERCEN activities in ROMANIA

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BERCEN plenary meeting - Budapest, September 9,
2002
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 Emergency
Governmental Ordinance No. 91/2002 amending the
Environmental Protection Law No. 137/1995 was
adopted, which 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.
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BERCEN plenary meeting - Budapest, September 9,
2002
The Emergency Governmental Ordinance No. 91/2002
it ensures a global legal framework on the
environmental protection field in accordance with
the acquis communautaire, allowing the
possibility of total harmonization through the
elaboration of the sectoral legislation -
ensures the adoption of the definitions of terms
used in the European environmental legislation -
introduces the compulsory procedure for
environmental impact assessment - introduces the
integrated pollution prevention and control
principle - claims every citizens right to the
information on the environment and the access to
justice

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BERCEN plenary meeting - Budapest, September 9,
2002
Through these amendments, the whole legal
framework is improved and will allow the full
transposition of the horizontal legislation
sector directives of the acquis communautaire,
and of the specific Directives on EIA and of the
Directive No. 90/313/EEC on the freedom of access
to information on the environment.  

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BERCEN plenary meeting - Budapest, September 9,
2002

•  New legislation which was adopted in 2002
• Governmental Emergency Ordinance No. 91/2002
  amending and completing the Environmental
  Protection Law No. 137/1995
• Governmental Decision No. 573/2002 for the
  approval of authorising procedures for the
  functioning of traders
• Governmental Decision No. 572/2002 for the
  establishing of the model and content of the
  registering application and of the traders
  certificate of registration.
• Ordinance no 27/2002 reglementing the activity
  of petitions solving and by the judiciary
  procedure
• GD no 123/2002 which approve Law no. 544/2001 on
  the free access to the information of public
  interest and its norms

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BERCEN plenary meeting - Budapest, September 9,
2002

•  New legislation which was adopted in
  2002-continuation
• Order No. 592/25.06.2002 of the Minister of
  Waters and Environmental Protection for the
  approval of the normative establishing the limit
  values, the threshold values and the assessment
  criteria relating to limit values for sulphur
  dioxide, nitrogen dioxide and oxides of nitrogen,
  particulate matter and lead, benzene, carbon
  monoxide and ozone in ambient air
• Order No. 1103/2002 of the Minister of Waters and
  Environmental Protection for the approval of the
  Methodological Norms concerning the measurement
  and the analysis of emissions of the volatile
  organic compounds resulting from the storage and
  the distribution of petrol to terminals and gas
  stations.

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BERCEN plenary meeting - Budapest, September 9,
2002

•  New legislation which was adopted in
  2002-continuation
• GD no 743/11.07.2002 on the establishment of the
  type approval procedure for the internal
  combustion engines to be installed in non-road
  mobile machinery and establisment of measures for
  reducing gazeous and pollutant particulates
  emissions from these engines.
• GD no 349/2002 on the packaging and packaging
  waste management
• GD no 162/2002 on the landfill of waste
• GD no 128/2002 on the incineration of waste
• GD no 662/2001 on the waste oils management,
  amended by the GD no 441/30.04.2002.

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BERCEN plenary meeting - Budapest, September 9,
2002

•  New legislation which was adopted in
  2002-continuation
• GD no 188/2002 for the approval of Norms
  concerning wastewater discharge conditions into
  the aquatic environment.
• Law No. 458/2002 concerning the drinking water
  quality
• GD no. 188/2002 concerning the approval of the
  Action Program for groundwater protection and
  reduction of pollution of aquatic environment
  caused by certain dangerous substances discharged
  into the aquatic environment
• GD no. 100/2002 for the approval of the Norms
  concerning the quality required of surface water
  intended for abstraction of drinking water and
  Normative concerning measurement methods and
  sampling frequencies and analyzing of water
  samples from surface

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BERCEN plenary meeting - Budapest, September 9,
2002

•  New legislation which was adopted in
  2002-continuation
• GD no 118/2002 approving the Action Program for
  groundwater protection and reducing of pollution
  of aquatic environment caused by certain
  dangerous substances discharged into the aquatic
  environment
• Governmental Emergency Ordinance no. 34/2002 on
  integrated pollution prevention and control
  (IPPC)
• GD no. 189/2002 establishing the procedure for
  the award of Eco-label
• Ministerial Order of MWEP no. 9/2002 for consume
  and production contingency of ODS in the A and E
  annexes of the Montreal Protocol

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BERCEN plenary meeting - Budapest, September 9,
2002

•   Until the end of 2002 will be transposed the
  previsions of
• Council Directive No 88/609/EEC on the limitation
  of emissions of certain pollutants into the air
  from large combustion plants (LCP), amended by
  the Directive 2001/80/EC
• Council Directive No 1999/13/EC on the limitation
  of emissions of volatile organic compounds due to
  the use of organic solvents in certain activities
  and installations (VOC)
• Council Directive No 96/82/EC on the control of
  major accident hazards involving dangerous
  substances (SEVESO)

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BERCEN plenary meeting - Budapest, September 9,
2002

• Directive No 76/769/EEC on the approximation of
  laws, regulations and administrative provisions
  of the Member States relating to restrictions on
  the marketing and use of certain dangerous
  substances and preparations
• Council Directive No 87/217/EEC on the prevention
  and reduction of environmental pollution by
  asbestos
• Concerning the Regulation CEE 2455/1992 on
  the import and export of certain dangerous
  chemicals the draft law for the ratification of
  the Rotterdam Convention on the prior informed
  consent procedure for certain hazardous chemicals
  and pesticides in international trade has been
  elaborated and is under internal analysis by the
  specific directorates of the ministry.

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BERCEN plenary meeting - Budapest, September 9,
2002

Organizational change/ improvement In this year
the organization of the Ministry of Waters and
Environmental Protection was set up -
Environmental Guard by GD 1167/ 21.11.2001,
- Environment Fund Administration by GD 1174/
21.11.2001 for improvement the capacity for the
implementation and control of legislation at
national, regional and local level.
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BERCEN plenary meeting - Budapest, September 9,
2002

• Thus, at central level, by establishing the
  Environmental Guard, the General Commissariat of
  Environmental Guard is a distinct compartment in
  the framework of Ministry of Waters and
  Environmental Protection, organized as general
  direction level and it has the role
• To organize, to coordinate and to control the
  activity of territorial units of Environmental
  Guard including the monitoring activity
• To pursue activities for preventing and
  sanctioning the contravention and/or to inform
  the organisms of penal prosecution for the
  infractions in environmental protection field,
  including those with regional or boundary impact
•  

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BERCEN plenary meeting - Budapest, September 9,
2002
The establishment of National Agency for
Environment Protection is one of the immediate
priorities of the Ministry of Waters and
Environmental Protection and its aim is to
strengthen the institutional capacity and
accommodation of the Romanian structures to those
of European Union. In this sense, it is now being
drafted a Government Decision on the
establishment of the National Agency for
Environmental Protection as public institution
with legal personality and which will coordinate
at both regional and local level the activity of
the territorial units.

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BERCEN plenary meeting - Budapest, September 9,
2002

• New eguipment
• By REReP 1.7 Strengthening National
  Environmental Protection Agencies and their
  Inspectorates in South Eastern Europe through the
  creation of a regional Balkan Environmental
  Regulation Compliance Enforcement Network was
  achieved an gas analyzer for burn out emission
  for the improvement of monitoring capacity of
  Environmental Protection Inspectorate Oradea.
• By PHARE 2001 program will be achieve the
  equipment for controlling the air
  emissions(automatically analyzers) in 10
  Environmental Protection Inspectorates from our
  country.

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BERCEN plenary meeting - Budapest, September 9,
2002
New training program  Was organized by BERCEN 2
training programmes Train the trainer 1 in the
period 19-21 May 2002 and Train the trainer 2
in the period 1-2 September 2002 for the
Environmental Protection Agencies and
Inspectorates in South Eastern European
Countries. In the future period we will organise
the same training in Romania for the inspectors
from the 42 Environmental Protection
Inspectorates. By PHARE 2001 program will be
organized at the level of Environmetal Protection
Inspectorates the training courses for
implementing the previsions of IPPC, LCP and
SEVESO II directives.

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BERCEN plenary meeting - Budapest, September 9,
2002
 Increase the number of personnel Our
Environmental Protection Inspectorates are in
charge to check the activities to have major
impact in concordance with EIA Directive and the
other economical activities with low impact will
be check by the local authorities by their
environment compartments. Environmental
Protection Inspectorates will check the
compliance of these environmental compartments
from the local authorities concerning the
respecting the previsions of the Urban General
Plans .

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BERCEN plenary meeting - Budapest, September 9,
2002
 Activity of inspections and controls In 2001
accidental pollution cases have become more rare
by organising controls together with the water
management authorities.After the introduction of
this systems of controlling beginning with March
2001 we havent any major accidents. There has
been issued a number of 710 summonses for ceasing
the activity. Regarding the cases of
non-compliance 5,530 contravention fees have been
applied with a total amount of 35 billion
lei(approximately 1.2 millions Euro). In 2002 was
decreased the number of accidental pollution
cases. Between January July 2002, at the
level of the 42 EPIs and Administration for
Biosphere Reservation of Danube Delta 2,150
fines in value of approx. 22 billions lei
(approximately 721,000 Euro) were applied.

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BERCEN plenary meeting - Budapest, September 9,
2002

•  Proposals for BERCEN activities in 2003
• Training for environmental inspectors in
  juridical aspects regarding the EU directives
  and regulations
• Change of experience between agencies or
  inspectorates from the countries member of
  IMPEL/AC IMPEL
• Workshops for implementation of IPPC and
  SEVESO directives Dissemination of experience
  achieved by various countries in the process of
  UE legislation implementation
• Change of information concerning the elaborating
  of the national guides for implementing the Best
  Available Techniques in specific types of
  industries and generated waste Set up a network
  at the level of BERCEN countries for implementing
  BAT.
• Training concerning the modalities of
  elaboration of Actions Plans for different types
  of accidental pollution.