Environmental Permit

Autorizatie-de-Medi

DEPENDING ON THE ACTIVITY PERFORMED AND ON THE NACE CODE

Depending on the activity performed and on the NACE code, it might be necessary to request an Environmental Permit. Green Environment Support helps you identify the specific NACE codes related to your activity, in order to establish whether an Environmental permit is necessary and finds the Environmental Protection Authority responsible for issuing it.

Furthermore, we ensure the drafting of the technical documentation necessary for obtaining the Environmental Permit (Presentation form and statement), registering the company in the Integrated Environmental System on the ANPM website and publishing specific environmental announcements.

We also carry out activities related to environmental quality monitoring in compliance with the Environmental Permit by identifying accredited laboratories for performing analysis of water, air, soil, noise and vibrations.

IT IS NECESSARY TO INVOLVE THE SPECIALISTS

The process of obtaining an Environmental Permit is complex and requires the involvment of specialists. Green Environment Support takes over the entire responsibility related to the steps necessary for obtaining an environmental permit in compliance with all legal terms, offering you specific support through complete and updated information.

The environmental legislation, through GEO 195/2005 on environmental protection states that the absence of the environmental permit leads to fines from 5.000 lei to 10.000 lei, for individuals, and from 30.000 lei to 60.000 lei, for legal entities.

In the text below we will briefly present the necessary steps for requesting and obtaining an environmental permit.

In textul de mai jos vom prezenta succint pasii necesari in vederea solicitarii si obtinerii autorizatiei de mediu.

OBTAINING AN ENVIRONMENTAL PERMIT

As provided in the Government Emergency Ordinance no. 195 of 2005 on environmental protection, approved through Law no. 265 of 2006, with subsequent amendments and completions, environmental protection represents the obligation of all individuals and legal entities. In case that a person carries out an activity having an impact on the environment, it is required to obtain the regulatory documents, according to the legislation.

Therefore, if you intend to draft a plan (Detailed Urban Plan, Zonal Urban Plan, General Urban Plan, etc), or to start the implementation of a project that involves requesting a urbanism certificate/ building / demolition authorization or an authorization to conduct a business, then it is possible that these proposed projects or activities will have a significant impact on the environment, thus making it necessary to begin the procedures for requesting and obtaining regulatory documents in the field of environmental protection.

In order to avoid any penalties applied by the environmental control authorities (mainly the environmental guard), penalties which can represent cumulated fines of up to 1 billion lei for the lack of environmental permits and also the suspension of activity until the company obtains all the approvals, we need to become aware of the problems that might arise from not knowing these aspects and thus carry out a previous documentation in order to identify as accurately as possible the need for environmental regulation and the steps to be followed.

In the first stage it should be noted that, depending on the stage of the investment (plan, project or operation), it is necessary to go through a different regulatory procedure:

  • In order for the plans/programs/strategies to become legal it is necessary to request and obtain the environmental notice, carrying out the environmental assessment procedure (known as the SEA Procedure), in compliance with the decisions of G.D. no. 1076/2004 regarding the establishment of the procedure for environmental plans and programs assessment with subsequent amendments and completions;
  • In case that the plan phase was completed and the investment is to be implemented, in order to regulate construction / demolition projects, it is necessary to request an environmental agreement in compliance with the impact assessment procedure (the EIA procedure) carried out based on law 292/2018 with regard to the assessment of the impact had by certain public and private projects on the environment.
  • After carrying out that project, should the activities developed within it have a significant impact on the environment, the company will request and obtain the environmental permit necessary for operation, procedure which is carried out in compliance with Order no. 1798/2007 for the approval of the Procedure for issuing the environmental permit. The environmental permit represents the administrative act issued by the compentent authority responsible for environmental protection, which establishes the conditions and/or parameters of operation of an existing or new activity that has a possible significant impact on the environment, which is mandatory upon commissioning.

THE MOST IMPORTANT STEPS IN REQUESTING AND OBTAINING AN ENVIRONMENTAL PERMIT

In order to identify as accurately as possible, the need for an environmental permit for a specific location the first step is declaring at the Trade Register the activities (NACE codes) carried out in that specific location and obtaining a Certificate of status. We recommend declaring in the Certificate of status only the NACE codes necessary for the activities actually carried out at the location not all available codes, according to the company’s documents (ex. the Company’s letter of incorporation).

Based on the Confirmation of company details issued for the company’s work points, the next step is verifying in the Annex no. 1 of the GD 1798/2007 if those NACE codes are subjected to environmental permit. It is important to verify the correspondence of codes in Annex no. 1 with the REV2 edition of the NACE codes , the codes presented in your Certificate of status being issued in compliance with this reviewed edition (REV2).

When the activities carried out are identified as requiring authorization, all actions necessary for carrying out the procedure for requesting and obtaining an environmental permit are initiated. These actions can be carried out by each company (aside from drafting the documentations which require certification from the Environmental Ministry) or by outsourcing to a consulting company that can ensure the entire support necessary, from filing the request to obtain the regulatory act. Our recommendation is to turn to a specialized consulting company and completely outsource the completion of all the procedural steps, from filing the documentation, drafting all documents and completions necessary and also taking part in the meetings carried out by APM in order to assess the obtaining of the environmental permit.

OUTSOURCING THE PROCEDURE OF OBTAINING THE ENVIRONMENTAL PERMIT

Should you decide to outsource the procedure of requesting and obtaining the environmental permit, since there are many companies willing to undertake this responsibility, many of which are unexperienced this very complex field, we recommend you to be very cautious  and choose one that can prove its experience in obtaining regulatory documents.

Returning to the subject of the regulatory procedure for obtaining the environmental permit, we would also like to mention that it is usually within the responsibility of the local environmental protection authority (the Environmental Protection Agency) and can take about 2-3 months. The maximum term for the issuance of the environmental permit is of 90 business days, from the date on which the complete documentation is filed. Depending on the complexity of the investment and the additional documents requested by the authority, the procedure might take more than 3 months.

THE NECESSARY DOCUMENTATION FOR REQUESTING AN ENVIRONMENTAL PERMIT

The necessary documentation for requesting an environmental permit includes, in its first stage, drafting the request for the issuance of the environmental permit, the presentation and declaration form (which contains information and data regarding the description of the activity carried out, equipments, utilities and the assessment of all potential issues related to the environmental impact), a public announcement, making public the intention to carry out the activity and identifying the potentially affected public (public consultation being mandatory in the procedures for issuing regulatory acts, according to the legislation in force).

The payment of the initial tax for requesting the environmental permit, in the amount of 500 lei, can be performed at post offices or banks/treasuries. The value of the cumulated fees necessary for obtaining the environmental permit can amount to 2500 lei, depending on the complexity of the investment and the need of carrying out certain additional assessments or of drafting additional documents (environmental assesment, compliance program, etc). The value of the fees is provided in the Order of the Minister of Environment and Sustainable Development no. 1.108/2007 regarding the approval of the List of works and services provided by the environmental protection public authorities with charge and the value of the related fees, with subsequent amendments and completions.

The next stage after submitting the request for obtaining the environmental permit consists in agreeing with the APM the date for location assessment. We recommend that, upon the visit carried out by competent authority, you have on site all equipments/machines/ utilities etc. involved in carrying out the authorized activity, as they are also included in the environmental permit. If such equipments are not included in the environmental permit, thus not being identified by the APM within the assessment, as they were installed after the issuance of the regulation act, you have the obligation to notify the competent authority and request the review of the environmental permit, and go though a new regulatory procedure.

Within 20 business days since the submission of the request, after the assessment of the location, APM will analyze the documents filed and draft the guidelines including all issues resulting from the initial analyze of the documentation, the list of necessary authorizations/approvals issued by other authorities, as well as the need to draft the environmental assesment

After submitting all requested completions, the APM will issue the final decision regarding the issuance of the environmental permit, making this decision public on the institution’s website. After 15 business days for new activities (for the objectives which have previously obtained the environmental agreement) or 30 business days for existing activities, APM will issue the environmental permit. The environmental permit is valid for 5 years, and with 45 days before the expiration of this term a new environmental clearance will be requested, carrying out the entire procedure all over again.

FINALLY, WE OBTAINED THE ENVIRONMENTAL PERMIT. WHAT WE DO NEXT?

The environmental permit, aside from all details regarding the activities and technological processes, also mentions the legal obligations for that specific activity and especially those related to emissions, waste, etc. We firmly recommend the careful examination of the environmental permit, as well as the terms imposed by the competent authority regarding reports, which can be monthly/quarterly (usually analysis bulletins), quarterly (ex. Used oil report, etc), annual (waste, packaging, accumulators reports etc).

When new elements, which are not known at the issuance of the environmental permit occur or when the conditions based on which the authorization was issued are changed, the competent authority shall decide, as applicable, based on the company’s notification, to maintain the regulatory norms or the need to review them, informing the representative with regard to its decision.

Until a decision is made by the competent authority, it is strictly forbidden to carry out any activity or to carry out the project, plan or program that would result from the modifications representing the subject of the notification.

Within 60 days from the date of signing / issuing the document attesting the conclusion of one of the procedures in which the persons responsible for the activities that require regulation in terms of environmental protection, through the issuance of the environmental permit, are to carry out or be subjected to a procedure for the sale of the majority share package, sale of assets, merger, division, concession or other situations that involve the change of the activity’s holder, as well as in the case of a dissolution followed by liquidation, bankruptcy, termination of activity, according to the law, the parties involved will notify in writing the compentent authority responsible for environmental protection the obligations undertaken in terms of environmental protection, through a certified document for compliance with the original.

THE FULFILLMENT OF ALL ENVIRONMENTAL OBLIGATIONS IS A PRIORITY IN THE FOLLOWING PROCEDURES: DISSOLUTION FOLLOWED BY LIQUIDATION, BANKRUPTCY OR TERMINATION OF ACTIVITY

In case that the holder of the environmental permit changes its name and/or its legal organization form, the environmental permit shall be transfered to the new holder or on the new company name, if it is proved that the activities are carried out in the same conditions for which it has been issued.

The environmental permit is suspended by the issuing authority, for the failure of observing its provisions, after a previous notification through which a maximum term of 60 days can be granted for the fulfillment of obligations. The suspension will remain in force until the causes are removed, but for no longer than 6 months. During the suspension, carrying out the project or the activity is forbidden.

In case that the conditions provided in the suspension were not fulfilled, the environmental authority will order, after the expiration of the suspension term, the cancellation of the environmental permit.

The suspension orders and, therefore, the orders for the cancellation of the project or activity are enforceable de jure.

The reviewing of the environmental permit is carried out whenever necessary and namely when there is an essential change of the data on which its issuance was based. The representative of the business informs the APM in writing with regard to this, and the APM will issue a reviewed environmental permit, including the data that has been modified, or can decide that it is necessary to resume the entire procedure for issuing a new environmental permit.

Carrying out the existing activities, as well as beginning new activities, which have a significant potential impact on the environment, need to be carried out only based on the environmental permit.

OPERATING WITHOUT A PERMIT IS STRICTLY FORBIDDEN FOR THE ACTIVITIES SUBJECTED TO THE ENVIRONMENTAL PROTECTION AUTHORIZATION PROCEDURE.

It is considered a contravention and sanctioned with a fine from 5.000 lei (RON) to 10.000 lei (RON), for individuals, and from 30.000 lei (RON) to 60.000 lei (RON), for legal entities, the breach of legal provisions regarding the obligation of individuals and legal entities to request and obtain the regulatory documentation according to legal provisions.

It is considered a contravention and sanctioned with a fine from 7.500 lei (RON) to 15.000 lei (RON), for individuals, and from 50.000 lei (RON) to 100.000 lei (RON), for legal entities:

  • the breach of the legal provision regarding the obligation of individuals/legal entities to operate while respecting the environmental permit requirements for the activities which are subjected to the environmental protection authorization procedure;
  • The holder’s obligation to notify the competent environmental protection authority upon the occurrence of new elements, which were unknown at the date on which the regulatory documentation was issued or with regard to any modification of the conditions on which its issuance was based on, before implementing the change;
  • The holder’s obligation of not carrying out activities or develop projects, plans or programs which would result from the changes representing the object of the notification provided at art. 15 paragraph (2) letter a) until the adoption of a decision, in compliance with the provisions of art. 16 paragraph (4);
  • The obligation of the representatives of the activities subjected to environmental protection regulatory procedures, to comply with the terms imposed by the competent environmental protection authority for carrying out these procedures

As a conclusion, it is good to be aware of the importance of this act and decide if you should internalize or outsource this activity. Should you wish to carry out all stages without the support of a specialized company, then you need to study the law very well, so that the documentation is as correct and complete as it can be.

OUTSOURCE TO GREEN ENVIRONMENT SUPPORT

If you wish to outsource this activity, make sure that you partner up with a consultant that has the experience required for providing you with all the necessary information. The Green Environment Support team is composed of specialists that have covered extensive areas and know the legislation very well. We provide you with a team that offers you a complete package, support in drafting the environmental clearance and ensuring the implementation of all necessary actions, according to the data registered.

GREEN ENVIRONMENT SUPPORT – A TEAM OF SPECIALISTS WHO WORK IN YOUR BEST INTEREST!

We find the most efficient solutions that can be implemented in order to fully comply with the legislation and optimize the costs.