Romania

I. Introduction

The Rank of Environmental Problems Among Issues of National Importance

In Romania, the environment is considered a priority by the government, even if it does not take precedence over social issues. The Romanian government has established that environmental protection represents a national priority and must be addressed by all governmental and non-governmental institutions, associations, organizations and political parties.

The Romanian government gives special attention to environmental protection issues taking into account the fact that they had been neglected in the past. Sectors like heavy industry (e.g. chemical industry, metallurgy, energy, coal and oil extraction, cement, lime and other building materials, etc.) and agribusiness ( e.g. large rearing farms, the use of chemical fertilizers) have been developed without regard for environmental protection. For example, only 60-65% of the planned investments in waste water treatment plants and air emissions controls were promoted. When energy consumption was restricted, waste treatment plants were the first consumers to be stopped. Populations located near pollution sources have suffered from health problems.

Only at the beginning of 1990, after the overthrow of the totalitarian system, did free-market and environmental protection restructuring begin to take place. For the first time a Ministry of Water, Forests and Environmental Protection (MoE) was established.

Key Actors in Environment Protection at the National Level

At the governmental level, the main actor is the MoE, which is the body responsible for environmental issues. The government intends to set up an inter-ministerial working group for environmental issues. But almost every ministry has a special office dealing with the environment, so that information about the state of the environment can be made available to all ministries (especially MoE, the Ministry of Health, the Ministry of Industries, the Ministry of Agriculture and Food.)

The MoE supervises 41 Environmental Protection Agencies (EPAs), one for each county in Romania; the EPAs are responsible for monitoring and inspection activities. It must be mentioned that the inspection equipment is quite poor, and needs to be upgraded or replaced.

There are research institutes specializing in environmental protection problems: the Institute for Research and Environmental Engineering, the Institute for Research and Forestry Planning, the Romanian Institute for Marine Research, the Institute for Soil Science and Agro-chemical Research, the Institute for Hygiene and Public Health, and others.

There are also active environmental NGOs in Romania. Good cooperation between the MoE and the NGOs is a major factor in encouraging action to improve the environmental situation in the country. The municipalities, especially the municipality of Bucharest, have proved to be less responsive to this kind of cooperation.

Recent Changes in Environmental Priorities

The so-called "hot spots" of Romania have been established with the help of studies and analysis accomplished over the last few years. The "hot-spots" that have been identified are Copsa Mica, Baia Mare, Zlatna, Ploiesti (Brazi, Valea Calugareasca), Borzesti, Bacau, Suceava, Pitesti, Tg.Mures, Turnu Magurele, Tulcea, Isalnita, Rovinari, Brasov and Govora. Bucharest is also a highly polluted zone.

There have been transboundary pollution problems in the Danube River basin. These problems have been alleviated by actions taken by Romania (e.g. some industrial activities from the city of Giurgiu have been stopped).

II. Environmental Policy Making, Legislation and the EAP

Environmental Policy Development

After 1989 important initiatives in legislation in the framework of environmental protection were established. A new attitude towards environmental problems has been adopted by the government and population. According to new legislation, environment management is to be based on the principle of human solidarity and common interest. This requires the cooperation of public authorities, users of natural resources, local community representatives, and the public in order to achieve maximum social benefits.

In 1992, Romanian and World Bank experts published a policy paper entitled "Environmental Strategy Paper" and in 1994 a strategy for environment protection in Romania was proposed. This action is in the final stage of discussion.

According to this policy the following principles have been adopted:

The strategy for Environmental Protection in Romania includes the development of a National Environmental Action Plan (NEAP). This will employ proper environmental management systems, protection methods, and means of enforcement to carry out its aims. The NEAP will be based on the principles adopted at the Ministerial Conference at Lucerne (April 1993).

Pollution is not a recent phenomenon in Romania. There are important laws and other regulatory acts which are still in force, but most of them require revision. A new Law on the Environment has been approved by the lower house and is now being analyzed by the senate. This Law is to be regarded as a framework for environmental regulatory acts. The Law on Water, The Sylvic Code, and the Law on Nuclear Safety are currently under discussion in the Parliament. The Law on the Danube Delta established the administration of the Danube river delta.

Concerning international legislation, Romania was in a similar position as the other East European countries and some Western countries. It is noticeable, for example, that very little has been accomplished in the treatment of air pollution, whereas there has been a considerable concern, especially in recent years, with developing legislation to preserve water quality. Apparently, the reason for this is that a given state may fear that sovereignty over its airspace will be restricted, and that fewer states recognized early on that air, like water, is a internationally shared resource.

Non-Governmental Engagement in Policy Making and Implementation

There are about 130 Non Governmental Organizations (NGOs) in Romania, 60 of which are located in Bucharest. NGOs are actively involved in environmental protection activities. The NGOs actions are having an ever increasing influence on the Romanian public, and have been awakening the public to environmental issues. NGOs participate most actively in reforestation and watercourse cleaning projects.

Romanian Television is also taking steps and presents a daily program of 3-4 hours length which deals with problems related to the quality of the environment, particularly the deterioration of the environment and the quality of life.

The Regional Environmental Center plays an important role in assisting the MoE in organizing debates on the draft NEAP documents relating to the identification of priority actions. At the end of 1994, a workshop on this subject was organized by MoE, with REC financial support. NGOs were invited, as well as representatives of OECD (EAP Secreteriat), UNEP, UNDP, EU-PHARE and other international organizations. A press conference was held after the debates to inform the public about the day's proceedings.

Since 1990, nearly all of the research institutes and universities have been involved in the EIA processes.

Recent Results of Implementation and Enforcement

According to regulations enacted after 1989, all existing economic operations must gain authorization through the conduct of an EIA. Furthermore, any investor who wishes to engage in an economic activity is obliged to obtain a permit from the appropriate environmental authorities, a permit which is granted on the basis of environmental impact studies. EIAs are conducted by specialized institutions according to methods set forth by the MoE.

The newly-enacted Law on the Environment includes the "Polluter Pays" principle. Until this law is approved by the Parliament, the polluter pays principle is being applied in the form of government decrees.

During recent years (since 1989) the enforcement of regulations in the framework of environmental protection activity has been very effective when these regulations have been applied to the institutions and less effective for individuals.

III. Development of Institutional Capacity

National Basis of Environmental Administration

The MoE has been given responsibilities which are sufficiently comprehensive to ensure an integrated approach to environment management, MoE is responsible for drafting, executing and enforcing:

The MoE has the overall responsibility for environmental management in Romania, but works in close co-operation with all the ministries and local authorities.

The personnel who are actively involved in environmental issues has increased since 1990 when the MoE was created. Of course there had been activities in this field before 1990, but they were not centrally co-ordinated by a consolidated central body. The MoE comprises three main departments: environment, water and forestry. The total number of personnel working in these departments is 106.

On the regional level, the EPAs are responsible for environmental monitoring and inspecting enterprise activities in order to enforce respect for the environmental protection regulations. The EPAs have the power to judge and give authorization to companies' operational activities, and to apply penalties to those companies who are in violation of existing regulations and legislation.

The monitoring system is organized by environmental media. Air quality monitoring is organized in Romania to perform high altitude measurements from four sampling points located above 1000 m altitude and low altitude measurements from 750 sampling points.

Surface water monitors collect data from 276 sampling sites, 7 of which are on the Danube river. There are almost 12,000 sampling points from the ground water located near potential pollution sources and sources of drinking water supply. Also there are almost 1000 sampling sites to measure soil contamination. Two thirds are located in agricultural areas and one third in the forest land.

There are 41 forestry agencies subordinated to the MoE, via the central forest authority called "ROMSILVA". This National Forest Authority has a staff of 50,230.

There are 10 water-related agencies indirectly subordinate to the MoE via the central water authority "APELE ROMANE". The total number of personnel working in the National Water Authority ("APELE ROMANE") is 12,490. The Danube River Delta Administration (DRDA) is also subordinate to the MoE; it was created in 1990 when the Danube Delta was added to the list of the "Man and Biosphere" program. Special attention is given to water resource management, which is organized on the basis of the drainage basins of major tributaries. There are framework schemes in each tributary area, taking into consideration the sustainable social and economic activities in the region. These schemes are coordinated by the central water management authority. The main objective of these schemes is the assurance of water quality and quantity for all users. The priority water consumers are the human population and livestock, and fire protection authorities. It is also considered important that proper water supplies are available to maintain ecological equilibrium.

Furthermore, in each of 41 counties there are the following institutions:

Altogether there are about 300 units and departments in governmental institutions involved in environmental issues. Of these, about 100 units are subordinated to the MoE. The state budget provides salaries for about 3000 environmental personnel (MoE and EPA's personnel).

Environmental Capacity of Users / Polluters

The main companies responsible for pollution have not installed monitoring devices to determine emissions levels and to monitor the condition of the environment in the area. It should be noted that business representatives and companies, especially polluters, are not responsive to such information.

Ironically, business activities may have had a constructive contribution to environmental awareness. The consequence of their continued negligence has made the government and population aware of the baleful effects of failing to adequately protect the environment.

All the individual businesses or organizations are obliged to respect the existing regulations concerning environmental protection. One cannot help but notice that there are some important companies (e.g. chemical plants at Govora, Tg. Mures, steel plants - Galati, and public power cogeneration and heating plants in Gorj county and Bucharest) whose emissions surpass the standard limits, but are allowed to continue operating in the same manner at the present time (for social and economic reasons).

All these companies have been informed that they are in violation by the territorial EPAs. There are programs which aim to address the problems at these enterprises. In the long run, these plants will likely reduce pollution to acceptable levels by scaling-down their operations.

EIAs are becoming mandatory for enterprises wishing to continue potentially polluting activities, and for the proposed new investments of this nature. Since 1992 specialized institutes have completed 150-200 EIA studies annually. EIAs are considered to be a dynamic process and are to be repeated periodically to ascertain if there have been any changes in operations or in the level of damage to a given enterprise's surroundings. Even the change of consumer preference might result in an alteration of the functions of some past investments (e.g. the Danube - Bucharest Canal where about 80% of the total investment has already been committed).

Some of the companies have started building their own environmental monitoring network. For instance the Cernavoda nuclear power plant will have its own monitoring system in addition to that installed by the regional EPA. The main reason that companies do not establish self-monitoring systems is the lack of measuring equipment. Even the main research laboratories are complaining because they lack technical measuring equipment. In spite of the fact that some manufacturing plants have changed their working profile to produce pollution control equipment (e.g. IAUC Bucharest, UNIO Satu Mare, Bistrita-Nasaud), most of the Romanian companies are looking to Western European suppliers, which are perceived to be of better quality. Despite this, there are initiatives to build joint-venture companies in this field, and some 10-15 companies have already been established.

"Green Lobby" Development

There are three ecological parties in Romania: The Romanian Ecological Party, The Romanian Ecological Movement and The Romanian Ecological Federation. Only the Romanian Ecological Party is represented in the Parliament.

The NGOs play an important role in the process of NEAP development. Public participation is assured by the mass-media.

In December 1994, the MoE organized a workshop where politicians, NGO representatives, and the representatives of international organizations (EC-PHARE, UNEP, US AID, etc.) were invited; the subject of the debate was the criteria for setting NEAP priorities.

IV. Environmental Investments

Strategies to Direct Environmental Investments

The investments supported by the state budget and international organizations are co-ordinated by the government in accordance with proposals made by the ministries, and particularly the MoE. Private investments in environmental protection are encouraged or imposed by the EIAs, and by the system of taxes and penalties applied by MoE. The co-ordination of investments is achieved by the ministerial departments responsible for environmental protection problems.

Environmental investments are directed to 14 designated environmental "hot spots". Priority is given to mitigation of potential effects on human health and nature and reduction of the emission values measured in the affected areas. Pollution prevention has been served for instance by not allowing some companies to import waste. A good example is the situation in the county of Sibiu where due to the fact that there was no clear legislation in force and due to the lack of controlling means at customs, during 1990-1992 Romania "imported" about 60,000 tons of used tires, 16,000 tons of sludge from transformation units, 7,000 tons of expired dyes and solvents, 2,000 tons of pesticides and about 60 tons of plastics (waste) and expired polyurethane. With Government Decision Nr.340/1992 and with the help of the international organization Greenpeace other wastes have been stopped entering the country and the hazardous wastes imported before have been returned to the foreign sender.

Another way of preventing pollution has been to refuse permits to promote some industrial activity in some locations in the country. Pollution abatement has been achieved in some declared "hot spots" in the country. It goes without saying that external financial support played an important role in making investments in waste (gaseous, liquid and solid) treatment installations.

On the whole, about one million dollars have been allocated to alleviate the situation in non-ferrous industrial activity in Romania; about three million dollars have been allocated from the state budget for the same purpose. As a consequence of this financial effort the emission of suspensions (heavy metals) has decreased by about 50%.

Complete pollution elimination has been accomplished by interdiction of some existing activities. For example, a chemical integrated plant from the city of Suceava was completely closed in 1991. There is no doubt that since 1989 such important actions cannot be taken without public participation.

Investment costs for environmental protection in 1994 were about $67 million. Out of the total money spent for environmental protection investments 32.4% was covered by the state budget and 67.6% was supported by the property owners. Important financial support has been granted by various international institutions as shown previously.

Criteria for Priority Setting

The criteria for setting proposed in the NEAP are as follows:

The "win-win" and "cost-benefit" principles are included in the environmental protection strategy which is now under preparation. For example, the "win-win" principle has been applied in investments at the non-ferrous metal plant "Romplumb" in Baia Mare where filters were installed which prevented the release of lead particulates and dust; this material has been recycled.

Achievements and Problems

In spite of legislation which existed at the time, before 1990 there were some causes of pollution which appear to be specific to the socialist countries:

Amidst all these problems, there are some things Romania did very well. For example:

V. Conclusions

Relative Importance of Policy, Institutional Strengthening and Pilot Investment Projects in Environmental Protection Programs

The state of health and social security are of primary importance according to the list of goals adopted by the Romanian Environmental Protection Strategy. Education and the quality of life are important to environmental policy. After 1990, ecology courses were introduced at schools and universities, and environmental engineering has been established as a new speciality.

Attempts to Ensure Public Participation in the Fields of Policy Development, Institution Building, and the Planning of Investments

The participation of the public in policy development is a completely new idea that represents an important change since 1990. The public has already played an important role for decision-makers in deciding upon continuing or settling some environmentally detrimental activities. But public participation in Romania is still a delicate problem and needs to be tackled.

Existing and draft legislation provide for compulsory public consultations before authorizing activities which affect the environment.

Non-government organizations have been requested to discuss major environmental issues (to draft the law of environment, to draw up the environmental strategy and the national action programme), and to draw up impact studies for certain activities which affect the environment.

Strategy to Integrate Economic and Environmental Activities

A strategy for the protection of the environment is now being revised in accordance with the concepts and ideas developed during the last five years, and taking into account the current level of economic and social development. All the ministries will be involved in this process, and it is expected that the environment will play a major role in future development plans, and that environmental protection issues will influence economic policy. At the beginning of 1995 the establishment of an action plan will be discussed. The MoE is taking the initiative in the preparation of this document, and will be cooperating with all ministries, local authorities and NGOs in its preparation.


REC * PUBLICATIONS * STATUS OF NATIONAL ENVIRONMENTAL ACTION PROGRAMS * COUNTRY REPORTS * ROMANIA

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