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REC Home PageREC PublicationsThe BulletinVolume 9 Number 3


CEE law report

 

Updates on legislation from around the region by Jerome Simpson, jsimpson@rec.org.

Romania
A handful of new decisions, laws and directives were passed and adopted in Romania last year. 

In March 1999, Government Decision 155 introduced the recording of waste produced by all economic entities, waste generators, and physical or juridical persons (i.e. firms, organizations) according to those categories laid down in the European Catalogue of Waste (an EU document classifying waste according to 20 categories and their producers). 

Regarding land-use, Law No.107, passed in June 1999, now regulates those measures to be taken for improving degraded or unproductive natural fields considered to be no longer of agricultural use (i.e. those having lost their capacity due to erosion or human activity). Concentrating on afforestation (and regardless of ownership), the law is intended to help protect land and soil, reestablish hydrological equilibrium and improve natural habitat. Land is to be afforested by legal owners with the support of the National Forests Company (for supplies) and with the free technical assistance of specialised silviculture staff. 

In the field of air quality and transport, Directive No.251 was passed in June 1999, setting out the technical conditions that must be attained by automobiles. For example, the maximum limits for polluting emissions should be compliant with EU Directives 96/44/UE, 91/542/CEE (EURO II) and 98/69/CE. Furthermore, the rehabilitation of the urban transport infrastructure within Bucharest was agreed under Government Ruling No.19 in January 2000. Its goal is the rehabilitation of tramways that will help meet the requirements of the 1995 Law No.137 on Environmental Protection, and which will ensure compliance with EU environmental standards (for noise). The project is worth EUR 126 million and will be co-financed by the European Investment Bank and the local budget of the Bucharest general council. 

Regarding the use of Romanian waters, Government Ruling No.948 of November 1999 updated, to account for inflation, the levels of fines to be administered for a number of offences. These measures are intended to further strengthen and enforce the 1996 Law No.107 on Waters. Under the ruling, fines of Lei 10.6 to 16 million (roughly equivalent to USD 530 to 800) will be issued to juridical persons, and Lei 5.3 to 10.6 million (USD 265 to 530) to physical persons (individuals), for offences including: disrespecting rules applicable to protected water zones (i.e. abstraction within certain distances, dumping of waste without permission, maximum flows allowed for sampling); disrespecting legal obligations for the rational use of water and water treatment, as well as the maintenance and repair of one's own water installations including supply and sewerage; extraction of minerals from riverbeds, river banks, dykes, canals, beaches and sea walls (those considered to be unstable or fragile) without authorization; disrespecting the restrictions on water usage during drought, floods and other calamities; and wastewater leakages within sewerage systems. Fines of Lei 5.3 to 10.6 million (USD 265 to 530) for juridical persons, and Lei 2.7 to 5.3 million (USD 135 to 265) for individuals, will be issued for the following offences: construction or management, on or close to water, of dams, canals, mills, and buildings not having proper authorization or which do not respect legal standards; use of surface or subterranean water sources without respect for water usage permits; and the spillage or dumping of waste waters, residual substances or any other substances into water resources without respect for legal standards or water usage permits. Under the ruling, fines of Lei 2.7 to 5.3 million (USD 135 to 265) will also be issued for juridical persons, and Lei 1.3 to 2.7 million (USD 65 to 135) for individuals, for the following offences: washing or cleaning objects with chemical substances or any other dangerous substances in the proximity of rivers or lakes; animal grazing near protected water channels; and failure to use specialized devices that control and measure inputs and outputs of water discharges. 

On January 31, 2000, Romania published a Government Ordinance on the development, testing, use and marketing of genetically modified organisms (GMOs) and their products. This regulation was written entirely in accordance with EU directives and will be updated should there be any changes or amendments to EU GMO-related directives. The ordinance stipulates that the deliberate use of GMOs in the environment, and their marketing, import and export, should be carried out according to the provisions of EU Directive 90/220. When introducing GMOs into the environment, the ordinance requires information on the possible risks and impacts to human health and the environment. Activities such as production, testing, use, transportation, storage and marketing of GMOs should be authorized by a National Commission for Biological Security. This commission, to be established within 60 days of the date of the regulation, was created to inform and educate consumers on GMO crops or foods. It will consist of 19 members, 12 from various academies and seven government officials with GMO-related responsibilities. The Ministry of Waters, Forests and Environment Protection is to serve as the national point of contact for any international legal document or organization to which Romania is a member party. More detailed information of the ordinance, including a report of market development opportunities, can be accessed from the Foreign Agricultural Service under http://www.fas.usda.gov/scripts/gd.asp?ID=25667501.

The REC Country Office Romania contributed to this article, while the GMO notice was authored by Holly Higgins of the US Embassy in Romania.

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