Emergency Ordinance No 195_2005

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<p>Emergency Ordinance 195/2005 on environment protection Published in the Official Gazette no. 1196 30/12/2005 Version consolidated on 22/10/2007Taking into account the need to fulfill the undertakings made by our country in the European integration process, it is imperiously necessary to urgently adopt this statute, under which the subsequent environment protection laws can be passed, and Taking into account the need to create a unified framework defining the principles governing the entire environment protection activity and setting the guidelines for the regulation of business activities in order to achieve the goals of sustainable development, issues that involve the public interest and are extraordinary emergency situations, On the grounds of article 115 paragraph (4) of the Romanian Constitution, as republished, The Romanian Government adopts this emergency ordinance: CHAPTER I-Principles and General Provisions Article 1. - (1) The subject of this emergency ordinance is a set of legal provisions on environment protection, an issue of major public interest, based on the principles and strategic elements that lead to sustainable development. (2) The environment is the set of natural conditions and elements of the Earth: air, water, ground, underground, landscape, all the atmospheric layers, all the organic and inorganic matter, as well as living beings, natural systems in their interaction, including the previous elements, including some material and spiritual values, the quality of life and the conditions that can affect human welfare and health. __________ The article was amended by article I point 1 of Law no. 265/2006. Article 2. For the purposes of this emergency ordinance, the following terms and expressions shall have the following meanings: 1. environmental accident an event that occurs due to unexpected discharges/emissions of dangerous/polluting substances/products, in liquid, solid, gaseous form or as vapors or energy, resulting from uncontrolled/sudden human activities, by which natural or man-made ecosystems are damaged or destroyed; 2. regulatory acts environmental permits, Natura 2000 permit, environmental approval, import/export approval for non-CITES plants or wildlife, CITES permit, authorization for greenhouse gas emissions, import approval for genetically modified organisms, environment authorization/integrated authorization, authorization for activities with genetically modified organisms; 3. environmental approval the technical and legal act setting forth the conditions for the project, with respect to environmental impact; the environmental approval is the decision of the relevant environment protection authority giving the project holder the right to carry out the project, with respect to environment protection; 4. import approval for genetically modified organisms the technical and legal act issued by the</p> <p>Page 1 of 42</p> <p>relevant environment protection authority, giving its holder the right to import genetically modified organisms/microorganisms and sets forth the conditions under which it can be performed, according to the applicable laws; 5. area/site a clearly delimited geographic area; 6. protected natural area an area of land, water and/or underground, with the perimeter set by law and having a special protection and preservation status, where there are wild species of plants and animals, bio-geographical, landscape, geological, paleontological, spelunking or other elements or formations, with particular environmental, scientific or cultural value; 7. Abrogated; 8. environmental audit a managerial instrument for the systematic, documented, periodic and objective evaluation of the performance of the organization, management system and processes for environment protection, with the purpose of: a) facilitating the management of practices with possible impact on the environment; b) evaluating how the environmental policies are complied with, including the environmental goals and targets of the organization; 9. environment authorization technical and legal act issued by the relevant environment protection authorities, setting the conditions and/or parameters for the functioning of an existing activity or a new activity with possible impact on the environment, required for it to commence operation; 10. integrated environment authorization a technical and legal act issued by the relevant authorities, according to the applicable law for the prevention and integrated control of pollution; 11. authorization for activities with genetically modified organisms - the technical and legal act issued by the relevant authority, according to the applicable law, regulating the conditions for the intentional introduction into the environment and/or market of genetically modified organisms and for use of genetically modified microorganisms under isolation conditions; 12. relevant environment protection authority the central environment protection authority, the National Environment Protection Agency or the environment protection agencies, regional environment protection agencies and county environment protection agencies, Administration of the Biosphere Preserve Danube Delta, and the National Environment Guard and its subordinated structures; 13. environment permits issued by the relevant environment protection authority: a) environment permit for plans and programs - a technical and legal act issued by the relevant environment protection authority, confirming the integration of environment protection aspects in the plan or program submitted for approval; b) permit setting environment-related obligations a technical and legal act issued by the relevant environment protection authority when: changing the subject of an activity with environmental impact, selling the majority stock, selling assets, merger, division, concession, dissolution followed by liquidation, liquidation, cessation of business, bankruptcy, with the purpose of setting the environment-related obligations, as provisions of a compliance program, for them to be assumed by the parties involved in the aforementioned situations; c) environmental permit for plant protection products and for authorizing chemical fertilizers a technical and legal act issued by the central public environment protection authority, required in the procedure for the homologation of plant protection products and for the authorization of chemical fertilizers; d) Natura 2000 permit a technical and legal act issued by the relevant environment protection authority, confirming the integration of aspects concerning the protection of natural habitats and wild flora and fauna species in the plan or program submitted for approval; 14. environmental balance a study prepared by natural or legal persons, certified according toPage 2 of 42</p> <p>the law, in order to obtain the permit setting the environment-related obligations or the environmental authorization, containing the elements of the technical analysis that provide information about the causes and adverse effects cumulated in the past, present and future, from that activity, in order to quantify the actual environmental impact at a location; if significant impact is identified, the balance should be supplemented with a risk evaluation study; 15. biodiversity - variability of organisms as part of land, marine, continental aquatic ecosystems and ecological complexes; this includes intraspecies, interspecies diversity and ecosystem diversity; 16. biotechnology technological application using biological systems, living organisms, components or derivatives thereof, or procedures with a specific use; 17. modern biotechnology the in vitro application of techniques for nucleic acid recombination and cellular fusion, other than those specific to traditional selection and improvement, removing the natural physiological barriers for reproduction or genetic recombination; 18. best available techniques the most advanced and efficient development stage of an activity and the methods of exploitation, proving the practical possibility to set a reference for the limit values of emissions in order to prevent pollution, and if this is not possible, to reduce the overall emissions and environmental impact: a) techniques mean at the same time the technology employed and the manner in which the installation is designed, built, maintained and operated, as well as its dismantling and location restoration, according to the applicable law; b) available means the requirements that have a development stage that allows them to be applied in the respective industrial sector, under viable economic and technical conditions, taking into account costs and benefits, regardless of whether such techniques are made or used at national level or not, provided that they are accessible to the operator; c) best means the most effective techniques for achieving an overall environment protection level as a whole; 18.1. certificate for greenhouse gas emissions a title that gives the right to emit a ton of carbon dioxide equivalent over a defined period; 19. waste any substance, preparation or any object from the categories determined by the specific laws on waste that the owner disposes of or has the intention or obligation to dispose of; 20. recyclable waste waste that can be used as raw material in a production process to obtain the initial product or for other purposes; 21. hazardous waste waste that is generically classified, according to the specific laws on waste, in such types or categories of waste that have at least one component or property that makes them hazardous; 22. environmental damage alteration of the physical, chemical and structural properties of the natural and man-made components of the environment, reduction of biological diversity or productivity of natural or man-affected ecosystems, environmental impact with effects on the quality of life, caused mainly by water, air and ground pollution, overexploitation of resources, deficient management and valorization, and the improper arrangement of land; 23. sustainable development development that meets the requirements of this law, without compromising the possibility for future generations to satisfy needs; 24. ecologic balance the whole of the states and relations between the components of an ecological system, ensuring its structure, functioning and dynamics; 25. ecosystem a dynamic complex of communities of plants, animals and microorganisms in the abiotic environment, which interact as a functional unit; 26. ecotourism a form of tourism where the main goal is to observe and raise the awareness about nature and local tradition, and which must meet the following requirements:Page 3 of 42</p> <p>a) it must contribute to nature preservation and protection; b) it must use local human resources; c) it must have an educational character, raise respect for nature and awareness in tourists and local communities; d) it must have no significant negative impact on the natural and social and cultural environment; 27. effluent any form of discharge into the environment, punctual or diffuse, including leaks, jets, injection, inoculation, storage, draining or vaporization; 28. emission direct or indirect discharge, from punctual or diffuse sources, of substances, vibrations, electromagnetic and ionizing radiations, heat or noise into the air, water or ground; 29. eco-label a graphical symbol and/or a brief descriptive text applied on the packaging, in a brochure or another information document accompanying the product and giving information on at least one and at most three types of environmental impact; 30. environmental assessment preparation of the environmental report, consulting the public and the public authorities interested in the effects of the implementation of plans and programs, taking into account the environmental report and the results of such consultations in the decisionmaking process and ensuring information on the decision made; 31. environmental impact assessment a process aimed to identify, describe and determined, according to each case and the applicable laws, the direct and indirect, synergic, cumulative, main and secondary effects of a project on the health of people and environment; 32. risk assessment a study prepared by individuals or entities certified according to the law, analyzing the probability and seriousness of the main components of the environmental impact and the required prevention, intervention and/or correction measures are determined; 33. specimen any plant or animal in a living or dead state, or any part or derivative thereof, as well as any other products containing parts or derivatives thereof, as specified in the accompanying documents, on packaging, marks or labels or in any other situations; 34. experts individuals, recognized and/or certified nationally and/or internationally by the relevant authorities; 35. natural habitat an area of land, water or underground, in a natural or semi-natural state, differentiated by geographical, abiotic and biotic features; 36. Abrogated; 37. Abrogated; 38. environment information any written, visual, audio, electronic or other information about: a) the state of environment elements, such as air and atmosphere, water, ground, ground surface, landscape and natural areas, including moist, marine and coastal areas, biodiversity and its components, including genetically modified organisms, as well as the interaction between such elements; b) factors such as substances, energy, noise, radiations or waste, including radioactive waste, emissions, discharges and other releases into the environment, which affect or may affect the environmental elements specified at point a); c) measures, including administrative measures, such as policies, legislation, plans, programs, conventions between the public authorities and individuals and/or entities regarding environment objectives, activities that affect or may affect the elements and factors of point a) and b), respectively, as well as the measures or activities aimed to protect the elements specified at point a); d) reports regarding the implementation of environment protection legislation; e) cost-benefit analyses or other economic analyses and forecasts used as part of the measures and activities specified at point c);Page 4 of 42</p> <p>f) human health and safety, including the contamination, whenever it is relevant, of the food chain, human life conditions, archaeological sites, historical monuments and any other buildings, if they are or may be affected by the environment elements of point a), or, through such elements, by the factors, measures and activities specified at point b) and c), respectively. 39. infrastructure for spatial information - metadata, sets of spatial data and spatial data services, network services and technologies, agreements for the common use and access, procedures, processes and mechanisms for monitoring and coordination as de...</p>


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