Legislative changes concerning environmental permits

Order 1171/2018 (the "Order") approving the Procedure for applying the annual endorsement of the environmental permit and the integrated environmental permit, published in the Official Gazette of Romania no. 967 of 15 November 2018, amends the permitting process from an environmental protection standpoint and enters into force on the date of its publication.

The holder of the permitted activity must request the competent environmental protection authority (the Ministry of the Environment, the Danube Delta Biosphere Reserve Administration, the National Environmental Protection Agency or the local Environmental Protection Agency, as applicable) to apply the annual endorsement of the permit, starting with the year following the issue of the permit or before one year has passed since the previous annual endorsement was obtained.

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

• An application (Annex 1 to the Order),
• The annual environmental report (where applicable), and
• A statement on your own responsibility that the activity is carried out under the same conditions for which the permit was issued (Annex 2 to the Order).

The request for the annual endorsement must be submitted at least 60 days before one calendar year has passed since the issue of the permit or since the previous endorsement was applied. Within 10 days of the request being registered, the competent authority checks the documentation submitted and sets the date of a verification visit to the site.

Following the site visit, the competent authority draws up a report (Annex 3 to the Order) and, depending on the findings on site:

a) Within 3 days, issues the decision applying the annual endorsement, if the permit and the activity carried out are found to be consistent, or

b) Grants a period of 30 days to bring the situation on the ground into line with the permit, if inconsistencies are found; if the problems have not been resolved within this period, the competent authority draws up a reasoned decision rejecting the annual endorsement and notifies the National Environmental Guard within 3 days; if the requirements are met within the period, point a) applies.

The annual endorsement is applied or rejected by order or decision of the head of the competent environmental protection authority, a document that becomes an annex to, and an integral part of, the (integrated) environmental permit. The holder must display this decision in a visible place.

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

Next step

To find out more and to discuss further with our experts, so that you comply with the legal requirements in the field of environmental protection, do not hesitate to contact us.

We can assist you throughout the process of requesting the annual endorsement, by preparing the required documentation, supporting you during the site visit carried out by the competent environmental protection authority, and ensuring effective communication with that authority.