Useful Information

What is an Environmental Agreement?

Environmental agreement represents the document that gives rights to the project manager to achieve the environmental project objectives and it is required for obtaining the construction authorization.

Environmental authorization is valid for the duration of the construction works for which it was issued.

If it is case, during the project development process or substantial changes that were not known at the time of the agreement, it may be necessary to review this one and, in some cases, even re-evaluation of previous Impact Assessment.

Upon completion of the investment works, before commissioning phase, it must be submitted also the Authorization/Integrated Environmental Authorization.

Who is issuing the Environmental Agreement?

Environmental Agreements may be issued by the County Agency for Environmental Protection (EPA), Regional Environmental Protection Agencies (REPA), National Environmental Protection Agency (NEPA), Administration of the “Delta” (for projects developed within the Biosphere Reserve “Delta”) or CPA for Environmental Protection (now Ministry of Environment and Forests – MMP), depending on the size and location of the project.

Issue of Environmental Agreement depends on what?

Main legislation for Environmental agreements and impact studies are:

  • GEO 195/2005 on environmental protection, approved by Law no. 265/2006, with subsequent amendments;
  • GD 445/2009 on the assessment of certain public and private projects impact on the environment;
  • Order 135/2010 approving the Methodology for the implementation of environmental impact assessment for public and private projects;
  • Ministerial Order 863/2002 on the approval of methodological guidelines framework stages of the procedure of environmental impact assessment;
  • Ministerial Order 864/2002 for the approval of the Environmental Impact Assessment in a Trans Boundary Context and public participation in decision-making.

To overview these documents, please visit the Resource Legislation section.

Documents required to obtain Environmental Agreement
  • Application form to obtain Environmental Agreement;
  • Notification of project development process;
  • Memorandum of presentation;
  • Impact Assessment (environmental impact report);
  • Public notifications.

For activities that fall under the provisions of Article 28 of Ordinance no. 57/2007 on protected natural areas, natural habitats, wild flora and fauna, with subsequent amendments, it is necessary to go through appropriate assessment procedure, in which it develops adequate evaluation study.

The content of this study is found in the methodological guide for proper assessment of the potential effects of plans or projects on protected natural areas of community interest, approved by Order no. 19/2010.

Who is in title of preparation of technical documentation?

Notification and Presentation Memorandum to obtain the consent of the environment can be developed by the project.
The impact (or environmental impact report) and evaluation studies can be drawn only by persons certified by the Ministry of Environment and Forests (MEF), independent of the project.

These people can also draw and other technical documentation (notification and presentation memo) to obtain the consent of the environment.

How long it will take to develop technical documentation?

Develop the above mentioned technical documentation takes between 7 and 17 days, depending on the location and complexity of the project, and as soon as the beneficiary provides all necessary documents.
Proper assessment study requires a longer period of time (even several months), depending on the characteristics of community protected area likely to be affected by the project. In preparation of this study, there are required field activities and rigorous scientific studies.

Environmental permit - the procedure for issuing it

Regulations on the procedure for issuing environmental permits are included into the Order no. 1798 of 19 November 2007 approving the Procedure for issuing environmental permits published in Official Gazette no. 808 of 27 November 2007, which further establish the conditions for application, issuance and review of environmental permits, in conjunction with the Emergency Ordinance no. 195 of 22 December 2005 on environmental protection, published in Official Gazette no. 1196 of 30 December 2005, as amended and supplemented.

Who issues the Environmental Permit?

The competent authority for the procedure for issuing the environmental permit (ACPM) is, as applicable, the central public authority for environmental protection, the National Environmental Protection Agency (NEPA) or territorial public authority for environmental protection (ATPM).
ATPM is, where appropriate, the regional agency for environmental protection agency Environmental Protection Agency or Administration of the “Delta”.
Requesting and obtaining environmental permits are required for both existing activity and new starting activities.

Documents required to obtain environmental permits

At the request of an environmental permit or, if applicable , at least 45 days before the expiration of the existing environmental permit, the operator shall submit to the ACPM a file containing the following documentation:

a)  Application form for obtaing Environmental Permit;

b)  Project presentation and statement;

c)  Evidence of making public the request by means of,  at least, one method of information mentioned into annex no.3;

d)  Site plan and Framing plan in the target area;

e)  Written statement of compliance with all conditions imposed by environmental agreement drawn up according to the Order of the Minister of Waters and Environmental Protection no. 860/2002 for approving the procedure for environmental impact assessment and the issuance of environmental permits, as amended and supplemented, or, if applicable, notification on the progress of existing compliance program;

f)  Registration form, accompanied by the documents specified therein, in order to obtain the authorizations for zoos activity, public aquariums and rehabilitation and / or care centers.

What means Grant Funds?

Grant Funds are funds available to the European Union countries need assistance to overcome the deficiencies facing and helps in boosting competitiveness in order to compete successfully both on the domestic and the foreign.

Note:

  • Grants cover a partial part of the total project amount.  Grants are awarded only after the investment starting phase, for which it can be requested up to 10 – 30% of total investment at the time the contract is signed;
  • It is necessary to have the financial capacity to ensure its proper contribution;
  • Funding sources should be identified to start investment and to ensure continuity of project activities between payment installments.

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