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What you need to know
Frequently Asked Questions
Environmental permits
All companies that held a valid environmental permit on July 11, 2020, must request an annual endorsement for that permit from the Environmental Protection Agency.
The purpose of the annual endorsement is to allow the competent authority to certify that the holder of the environmental permit is conducting the same activity under the same conditions as when the permit was granted, from an environmental protection perspective, and that no significant changes have occurred. If changes have occurred, the environmental permit must be revised accordingly.
To obtain the annual endorsement, the holder of the environmental permit must submit a file to the issuing authority, which must include the following documents:
a) The application form according to the model provided in Annex no. 1 of the procedure;
b) The annual environmental report and/or the reports mentioned in the regulatory acts, as applicable;
c) A declaration under own responsibility that the activity is carried out under the same conditions for which the environmental permit/integrated environmental permit was issued and that no substantial changes have occurred that would affect the conditions established by the permit, according to the model provided in Annex no. 2 of the procedure;
d) Proof of fee payment.
For the annual endorsement application, a fee of 100 lei is required for environmental permits and 300 lei for integrated environmental permits. This fee is non-refundable in case the annual endorsement application is rejected.
The permit holder must submit the application for obtaining the annual environmental endorsement at least 60 days and no more than 90 days before the day and month when the environmental permit was issued. For revised environmental permits, the 60-day period is calculated based on the day and month of the initial permit issuance. For revised integrated environmental permits, the request for the endorsement is made in the year immediately following the revision.
It is important to note that if the activity holder does not meet the minimum 60-day deadline for requesting the annual endorsement, the environmental authority will notify them within 5 working days of the request submission, and the decision to suspend the activity will be made for a period equal to the number of delayed days. The suspension period starts from the date of the permit issuance.
Within 15 working days from the registration of the request, the competent authority examines the submitted documentation and determines whether additional information or documents are required, as well as whether a site inspection is necessary. A site inspection is mandatory for the first annual endorsement request and at least once every two years thereafter for standard environmental permits. For integrated environmental permits, the site inspection is carried out with every annual endorsement request.
If, following an inspection, it is found that the Environmental Permit has not been endorsed, the penalties can include fines of up to 60,000 lei and suspension of the activity.
Environmental approval
Requesting and obtaining environmental approval for plans and programs is mandatory for the adoption of plans and programs that may have significant effects on the environment. The environmental approval remains valid throughout the implementation period of the plan or program.
Environmental Agreement
The environmental agreement is required to obtain a building permit for carrying out construction works or other installations or works, as well as other interventions on the natural environment and landscape, including those involving the exploitation of mineral resources.
The Environmental Agreement, once obtained, remains valid throughout the implementation of the project. If new elements arise that were not known at the time of its issuance, or if the conditions on which the agreement was based change, the competent authority will decide whether to maintain or revise the environmental agreement. The project holder is informed of this decision through a notification. Until the authority makes a decision, it is prohibited to implement the project based on the changes subject to the notification.
The procedure and authority for issuing the Environmental Agreement are regulated in accordance with Law no. 292/2018 on the assessment of the impact of certain public and private projects on the environment.
To obtain the Environmental Agreement, the following documents are required:
1. Application for the issuance of the Environmental Agreement.
2. Copy of the urban planning certificate.
3. Copy of the site plan attached to the urban planning certificate.
4. Copy of the zoning plan.
5. Proof of payment for the initial assessment fee.
Biodiversity monitoring
In accordance with the activity carried out, the Environmental Protection Agency requires, through the Environmental Permit, the monitoring of environmental quality by conducting the following analyses:
– Analiza apelor uzate evacuate
– Analiza emisiilor generate de procesele tehnologice
– Analiza calității solului și subsolului
– Analiza zgomotului și a vibrațiilor.
It is required for the preparation of reports stipulated in environmental approvals/agreements/environmental permits.