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Environment Law in Romania

Question: What is the environmental legislation in Romania?

Answer: The environmental legal framework in Romania must be seen and understood as a tripartite system displaying three main participants. The Romanian environmental legislation indicates as a first component the European environmental directives that this country had to comply with, as a result of its accession to the European Union.

Apart from these regulations, there is also an internal or national legal apparatus, which controls and provides support in this area.

The third aspect that also influences the environment law in Romania refers to a complex set of bilateral international conventions and treaties, which serve as distinct arrangements providing a continuously developing cosmopolitan climate. Laws in this field are frequently changing always introducing new stipulations, clearly improving, but also increasing confusions. It becomes more and more obvious that when requesting any type of permit or authorization an expert’s intervention is needed. Do not hesitate to contact us for a free consulation.

Question: What are the highest public institutions that handle the Romanian Environmental Legislation and how do they work?

Answer: At national level, the most prominent authorities which establish the regulatory framework in this specific domain are represented by the Ministry of Environment, the National Environmental Protection Agency and the National Environmental Guard.

The Ministry of Environment functions as the basic environmental arbiter which generally controls and supervises liabilities of all other environmental establishments. Its duties also include the function of interconnecting the European Community authorities with specific regional entities handling the policy implementations as provided through environmental general stipulations.

The National Environmental Protection Agency functions as the technical entity managing the normative acts substantiation, of all strategies and regional policies, coordinating activities for implementing strategies through all regional and local entities, authorizing activities with potential environmental impact and ensuring compliance with legal requirements.

The National Environmental Guard (NEG) acts as the leading expert authority verifying compliance with environmental laws and regulations.

Question: What are the Eenvironment protection licences in Romania and how are the issued?

Answer: The general framework indicates that the National Environmental Protection Agency is assigned to evaluate and authorize the majority of economic activities which might have a substantial influence on the environment.

Permits issued by this authority include: environmental approval, environmental permit for plans and programs, environmental authorization and the integrated environmental authorization.

Environment protection licences in Romania vary according to the type of activity conducted and, in certain situations, some intricate evaluations are required. According to Order No. 1798/2007, on the approval of the Procedure for the issuance of the environmental authorization a clear distinction is to be made between activities considered as significant for the environment and those which can be labeled as neutral.

As previously mentioned, the Romanian environmental legislation continuously introduces new elements and the overall environmental authorization procedure might prove overwhelming. For deeply understanding the environment law in Romania, persons concerned with this topic should take into consideration the importance of legal specialized counseling. One of our environmental lawyers can always draw attention on rather particular traits that could be omitted by an untrained individual. Frequently changing and needing to always upgrade to new implementations, the legal framework has to be approached from an accurate perspective that guarantees that nothing will be neglected, providing all needed securities allowing an optimal development of the business plan. Contact us now for a free consulation.

by Cristian Darie

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