Romania

III. Conclusions

Only in the last few years has Romania placed European pollution problems in the context of the human environment and adopted a holistic approach to these problems. Recent national initiatives (e.g., the new EPA) reflect or anticipate trends in European legislation.

The main characteristics of the domestic legal system which generally support, 'de jure', the process of approximation of EU environmental legislation, are itemized below:

natural persons and legal persons are subject to the same legal conditions - that is, the same rights;
priority is given to international treaties in domestic legislation (Art.20 (2) - Constitution of Romania);
the Romanian state must assure the restoration and protection of the environment, as well as ecological equilibrium (Art.134, f - Constitution of Romania);
the domestic legislation regulates patrimonial relations between those persons considered to have equal rights; it also regulates non-patrimonial relations, in which individuality is manifested;
coexistence and inheritance of environmental law.

The main obstacles in the approximation process are the following:

limited resources might be considered a general obstacle to approximating EU legislation in developing countries like Romania;
slow process of environmental legislation;
contemporary Romanian law has been extremely inconsistent in the treatment of environmental issues;
lack of widespread familiarity with EU legislation;
late establishment of organizational structure for EU integration;
lack of clear distinction between competencies in environmental administration;
small number of professional lawyers in the field of environment;
difficulties when environmental legislation involves financial sacrifice;
insufficient education on environmental issues;
the political and economic transition in eastern Europe, including Romania, began only a few years ago.

Final conclusions can be drawn as follows:

most environmental problems are too complicated to be solved merely by national efforts;
the most effective form of direct legislation has been initiated at a higher political level;
vigorous expression of public opinion is as crucial factor in the success of direct legislation as the legislative process itself;
despite considerable progress, a candid analysis of the effectiveness of the laws shows that enforcement is often rather lax; command does not necessarily assure compliance. In present-day Romania the most effective way to attain compliance with environmental legislation in accordance with EU legislation is to bring into closer conformity public and private interests, including benefits and costs, by way of direct regulations, subsidization, and incentive pricing.

Environmental Regulation of Constitutional Character in Romania

criteria	assessment
1. Has the Constitution any direct reference to environmental protection
as a priority state objective?	yes
a human right?	yes
2. Environmental regulation is based upon a framework environmental act?	yes
3. Environmental regulation is based upon
a general environmental policy adopted by the parliament or government?	yes
a relatively detailed environmental program adopted by the parliament or government?	no
a general environmental concept that has not really been adopted by a regulatory body?	no
4. Are there any specific provisions in the association agreement concerning the environment?	yes
5. Is there a central government organ specializing in environmental protection
a ministry?	yes
a central authority (inspectorate)?	yes
6. Is there a specific administrative authority system for environmental protection in the country?	yes
7. Is there an advisory body to the government on environmental matters?	no
8. Are there any specific provisions concerning environmental liability
in the Civil Code?	yes
in the Criminal Code?	yes
in the general administrative law?	yes
in privatization laws?	no

Assessment of the Compliance Level of EU Environmental Legislation in Romania

GENERAL POLICY
criteria	score	weight	level of compliance
1. Do the following principle appear in environmental legislation? prevention/precaution rectifying the pollution at source polluter pays Integrating environmental policy into other policies the high level of protection	0.33	0.15	0.0500
2. Is the polluter pays principle embodied or reflected in the framework environmental act? other basic law on the environment? in civil law? in other laws?	0.33	0.05	0.0167
3. Does the polluter pays principle cover the damages? a specific environment damage? the costs of reinstatement? the costs of prevention? the costs of monitoring and control?	0.33	0.10	0.0333
4. Is there an EIA regulation existing in the country in a draft format? in a detailed regulation? in general?	0.67	0.15	0.1000
5. Does the EIA provisions contain the list of activities subject to mandatory EIA? a direct link to permitting? the details of the procedure? public participation?	0.67	0.15	0.1000
6. The free access to information provided for in a legal regulation? covers most of the environmental information in general? provides for an obligation of the public authorities? provides for some obligation of the polluters? is protected by a judicial review process?	0.33	0.15	0.0500
7. Is there an eco-label award scheme embodied in law reflecting the eco-label regulations?	0.00	0.05	0.0000
8. Are there any provisions concerning the development of environmental management schemes? EMAS (voluntary) environmental auditing reflected in law provisions connected with permitting	0.33	0.05	0.0167
9. Is there an environmental fund existing as a separate state fund? as part of other funds?	0.00	0.10	0.0000
10. Is the concept of IPPC reflected in environmental policy/legislation?	0.33	0.05	0.0167
Total			0.38

AIR

criteria score weight level of compliance

1. Are there any plans for improvement of air quality? 0.00 0.20 0.0000

2. Are there specific regulations for point sources? 0.67 0.10 0.0667

3. Are there specific regulations for mobile sources? 0.33 0.10 0.0333

4. Does the BATNEC as a general requirement appear in air pollution regulation? 0.33 0.10 0.0333

5. Concerning BATNEC, are there any special policy or strategy implemented for industrial plants? 0.33 0.10 0.0333

6. Are there any specific regulations for greenhouse gas emissions? 0.33 0.10 0.0333

7. Are there any specific regulations for waste incineration plants? 0.33 0.10 0.0333

8. Is there any administrative authorization procedure for industrial plant operations regarding air pollution? 0.67 0.20 0.1333

Total 0.37

CHEMICALS, INDUSTRIAL RISK AND BIOTECHNOLOGY

criteria score weight level of compliance

1. Do the dangerous substances (chemicals) require a specific permit and record-keeping? 0.67 0.15 0.1026

2. Do the dangerous substances (chemicals) require special classification, packaging and labeling? 0.33 0.15 0.0513

3. Are the dangerous industrial activities reported and controlled? 0.33 0.15 0.0513

4. Are internal/external plans for emergency responses for dangerous industrial activities required? 0.33 0.15 0.0513

5. Is the public informed on dangerous activities and emergency response plans? 0.33 0.12 0.0385

6. Are there some similar regulations like Good Laboratory Practice or other qualifications? 0.00 0.12 0.0000

7. Are there any regulations like those in connection with GMOs or GMMOs? 0.00 0.08 0.0000

8. Does the risk assessment appear
in case of chemical substances?
in case of dangerous activities? 0.33 0.08 0.0256

Total 0.32

NATURE CONSERVATION

criteria score weight level of compliance

1. Is nature conservation based mostly upon the regulation of protected species and protected areas? 0.33 0.50 0.1667

2. Do the new elements of nature conservation such as natural habitats appear in law? 0.33 0.50 0.1667

Total 0.33

NOISE

criteria score weight level of compliance

1. Are there any specific noise pollution regulations in terms of motor vehicles? 0.33 0.50 0.1667

2. Are there any specific product standards for noise emission of household appliances? 0.00 0.50 0.0000

Total 0.17

WASTE

criteria score weight level of compliance

1. Is waste management regulated by law? 0.33 0.15 0.0513

2. Do waste management regulations cover waste management plans? 0.33 0.15 0.0513

3. Are waste management regulations developed for
hazardous wastes?
other wastes? 0.33 0.15 0.0513

4. Do waste management activities require a specific permit? 0.33 0.15 0.0513

5. Do hazardous waste incineration plants have specific regulation? 0.00 0.12 0.0000

6. Are there specific requirements for the landfill of wastes? 0.00 0.12 0.0000

7. Does BANTEC form a part of the general waste management regulations? 0.00 0.08 0.0000

8. Are there any special regulations relating waste originated from packaging materials, such as beverage containers? 0.00 0.08 0.0000

Total 0.21

WATER

criteria score weight level of compliance

1. Does water protection cover the water discharges? 1.00 0.17 0.1667

2. Are there specific water quality requirements for different water uses, like drinking or bathing water? 0.67 0.17 0.1111

3. Are there regulations for protection of groundwater against pollution? 0.33 0.17 0.0556

4. Are water quality requirements for the general ecological quality of water reflected in national legislation? 0.00 0.17 0.0000

5. Are water quality standards laid down? 0.67 0.17 0.1111

6. Is a monitoring system set up for water quality control? 1.00 0.17 0.1667

Total 0.61

REC * PUBLICATIONS * APPROXIMATION OF EU ENVIRONMENTAL LEGISLATION *
COUNTRY REPORTS * ROMANIA