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Regulatory amendments on environmental authorizations

Regulatory amendments on environmental authorizations

Order no. 1171/2018 (the “Order”) on approval of the Procedure for the annual endorsement/validation stamp of the environmental authorization and of the integrated environmental authorization, published in the Official Journal of Romania (no. 967/15 November 2018), makes amendments to the environmental authorization process and comes into force on the date of its publication.

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An owner of an Environmental Authorization is required to apply to the appropriate environmental authority (Ministry of Environment, „Danube Delta” Biosphere Reserve Administration, National Environmental Protection Agency or Local Environmental Protection Agency, depending on the case) for annual endorsement of the authorization, starting from the year following the issuance of the original authorization or no later than one year from the previous endorsement.

To obtain the endorsement, the following documents must be submitted:

  • Formal Request Paper (Appendix1 to the Order),
  • Annual environmental report (as appropriate) and
  • Affidavit stating that the activity is being carried out under the same conditions based on which the original authorization was issued (Appendix 2 to the Order).

The deadline for submission of the annual endorsement application is 60 days prior to the term of 1 year since the authorization’s issuance or since the previous endorsement. Within 10 days of registration of the application, the appropriate authority verifies the documentation submitted and sets the date for the site visit verification.

Following the site visit, the appropriate authority will prepare the minutes (Appendix 3 to the Order) and, depending on the findings of the site visit:

a) Issues the decision granting annual endorsement within 3 days, if the conclusion is that the activity carried out complies with the conditions of the authorization, or

b) Grants a 30 day term for bringing the actual situation on site into compliance with the authorization conditions, if non-compliances are identified; if the issues are not solved in the above mentioned term, the appropriate authority issues a decision to reject the annual endorsement with reasons and notifies the National Environmental Guard within 3 days; if the requests are subsequently met, point a) applies.

Granting or rejecting the annual endorsement is carried out through an order or decision by the head of the appropriate authority. This document then becomes an appendix and integral part of the (integrated) environmental authorization. This decision must be visibly displayed by the Environmental Authorization holder.

The Order has 4 Appendices, which form an integral part of the procedure described.

Next steps

Do not hesitate to contact us to find out more and speak to our experts about how to comply with the environmental legal requirements.

We can assist you across all stages of the endorsement application process, by preparing the documentation, supporting you during the site visit carried out by the appropriate environmental authority and by ensuring effective communication.

 

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