Romanian experience on the transposition and implementation of the IPPC, LCP, Seveso II, Waste Landfill, VOC Directives – experience and lessons learnt. MINISTRY OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT NATIONAL ENVIRONMENTAL GUARD Ms. Madalina GHERASIM (General Commissariat Bucharest) Mr. Costa STANISAV (Regional Commissariat Cluj- Cluj County Commissariat) ECENA 2nd Plenary Meeting17-18 September, Brussels, Belgium

Structure of presentation Main consideration on industrial pollution EU legislation implementation in Romania- current stage Main consideration on industrial pollution EU legislation implementation in Romania- current stage Experiences and lesson learnt during the transposition and implementation process Experiences and lesson learnt during the transposition and implementation process ECENA 2nd Plenary Meeting September, Brussels, Belgium

Actual stage of EU Directives (on control of industrial pollution) implementation in Romania All EU environmental directives -on control of industrial pollution- were transposed into national legislation All EU environmental directives -on control of industrial pollution- were transposed into national legislation Deadlines (regarding complying or closing) for involved companies are attached to national legislation and they are regularly checked through environmental inspections Deadlines (regarding complying or closing) for involved companies are attached to national legislation and they are regularly checked through environmental inspections Specific inspection guides were developed for the majority of EU directives, having a major support from a twinning program RO/2002/IB/EN-02 (experts from member states have worked in Bucharest and Regional Environmental Protection Agencies) Specific inspection guides were developed for the majority of EU directives, having a major support from a twinning program RO/2002/IB/EN-02 (experts from member states have worked in Bucharest and Regional Environmental Protection Agencies) Some of the initial legislation was (or is under changing) changed in order to meet current EU legislation Some of the initial legislation was (or is under changing) changed in order to meet current EU legislation Reports for each directive on Control of Industrial pollution are regularly sent to European Commission Reports for each directive on Control of Industrial pollution are regularly sent to European Commission ECENA 2nd Plenary Meeting September, Brussels, Belgium

Implementation of IPPC directive - 96/61/CE – current status New national legislation: Emergency Governmental Ordinance no. 152/2005 and Law no. 84/2006 New national legislation: Emergency Governmental Ordinance no. 152/2005 and Law no. 84/2006 Each IPPC company is listed together with its transition period (if applicable) Each IPPC company is listed together with its transition period (if applicable) Amount of penalties are correlated with current framework environmental law Amount of penalties are correlated with current framework environmental law Two EPER exercises were processed Two EPER exercises were processed ECENA 2nd Plenary Meeting September, Brussels, Belgium

Implementation of IPPC directive - 96/61/CE – current status TOTAL of 660 IPPC installations: TOTAL of 660 IPPC installations: – 499 without transition period –161 with transition period (all having IPPC permit) From 499 instalations without transition period : From 499 instalations without transition period : –447 own the IPPC permit –49 forwarded the documentation to Regional Protection Agencies –3 installations did not submitted the documentation IPPC authorization had been done at regional level, and the process can be performed by local, regional and national EPA (for special installations –ex nuclear ones) IPPC authorization had been done at regional level, and the process can be performed by local, regional and national EPA (for special installations –ex nuclear ones) ECENA 2nd Plenary Meeting September, Brussels, Belgium

VOC directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations The inventory of instalations has been up dated The inventory of instalations has been up dated Correlation of timing for measures regarding the bottom loading of gasoline between reservoirs and vehicles Correlation of timing for measures regarding the bottom loading of gasoline between reservoirs and vehicles Some measures (non mandatory according to the directive text) created a lot of disputes (eq. vapor recovery unit at gasoline stations) Some measures (non mandatory according to the directive text) created a lot of disputes (eq. vapor recovery unit at gasoline stations) ECENA 2nd Plenary Meeting September, Brussels, Belgium

EC-directive 1999/13/EC on the limitation of emissions of volatile organic. compounds due to the use of organic solvents in certain activities and installations The inventory of installations has been up-dated The inventory of installations has been up-dated New additional law has been issued New additional law has been issued Emission reduction plans are monitored by Emission reduction plans are monitored by EPAs and National Environmental Guard EPAs and National Environmental Guard ECENA 2nd Plenary Meeting September, Brussels, Belgium

LCP- Directive 2001/80/EC of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants Semestrial reports regarding the evolution of implementation of National program for emission reduction of sulphur dioxide, nitrogen oxides and particulate matters generated by large combustion plants (undergoing for the period mai 2007 – octombrie 2007) Semestrial reports regarding the evolution of implementation of National program for emission reduction of sulphur dioxide, nitrogen oxides and particulate matters generated by large combustion plants (undergoing for the period mai 2007 – octombrie 2007) Elaborated for the period (October 2006 – March 2007) Elaborated for the period (October 2006 – March 2007) ECENA 2nd Plenary Meeting September, Brussels, Belgium

Implementation of directive 1999/31/CE on the landfill of waste Each existing landfill is listed into national legislation) together with the closing year (for non conforming ones). In municipal waste landfills will be closed for not meeting Directivei criteria of 1999/31/CE In municipal waste landfills will be closed for not meeting Directivei criteria of 1999/31/CE Current situation: from the 18 waste landfills Current situation: from the 18 waste landfills 6 have ended their activity 6 have ended their activity 7 have requested closing environmental permit 7 have requested closing environmental permit 4 have not requested closing environmental permit 4 have not requested closing environmental permit 1 deposit has closing environmental permit and will operate until deposit has closing environmental permit and will operate until ECENA 2nd Plenary Meeting September, Brussels, Belgium

Implementation of directive 1999/31/CE on the landfill of waste Conform landfills are still very few -20 Conform landfills are still very few -20 Municipalities are often not sufficiently involved into the process of opening new ones Municipalities are often not sufficiently involved into the process of opening new ones ECENA 2nd Plenary Meeting September, Brussels, Belgium

SEVESO Directives New Governmental decision no. 804/2007 recently replaced the old Governmental decision no. 95/2005 New Governmental decision no. 804/2007 recently replaced the old Governmental decision no. 95/2005 It transposes the provision from EU legislation 96/82/CE, 2003/105/CE, 98/433/CE It transposes the provision from EU legislation 96/82/CE, 2003/105/CE, 98/433/CE New companies inventory need to be performed (due to some new substances, new thresholds) New companies inventory need to be performed (due to some new substances, new thresholds) ECENA 2nd Plenary Meeting September, Brussels, Belgium

SEVESO Directives Env. inspection is a very complex task, involving more than one institution (3 in Romania) Env. inspection is a very complex task, involving more than one institution (3 in Romania) In many cases independent experts are needed (by law) but are not accredited yet. In many cases independent experts are needed (by law) but are not accredited yet. A dedicated software (RISA-GEN) is used as a database at risk secretariats A dedicated software (RISA-GEN) is used as a database at risk secretariats ECENA 2nd Plenary Meeting September, Brussels, Belgium

Lessons learnt–translation & transposition, It is preferable to negotiate transition periods with representatives of industrial brunch, thus having the same transition period for one branch It is preferable to negotiate transition periods with representatives of industrial brunch, thus having the same transition period for one branch Using the consolidated (up dated) EU legislation text can save a lot of time for implementation Using the consolidated (up dated) EU legislation text can save a lot of time for implementation No room for interpretation inside the national text (eq.poultry, chemicals etc) No room for interpretation inside the national text (eq.poultry, chemicals etc) Communication among all interested companies and institutions (including NGOs, mass media) plays a key role. Communication among all interested companies and institutions (including NGOs, mass media) plays a key role. ECENA 2nd Plenary Meeting September, Brussels, Belgium

Lessons learnt- authorisation & monitoring Frequently legislative changes on the same issues should be avoided. Great attention should be paid at translation of specific terms Frequently legislative changes on the same issues should be avoided. Great attention should be paid at translation of specific terms Conditions inside environmental agreements and permits should be written very clear and concise. Clear procedures for reviewing the environmental agreements/permits Conditions inside environmental agreements and permits should be written very clear and concise. Clear procedures for reviewing the environmental agreements/permits Clear procedures for leaving or enter an EU Directive national list Clear procedures for leaving or enter an EU Directive national list National database for monitoring the implementation of each directive. National database for monitoring the implementation of each directive. Local, regional and national strategies should be reviewed as many times as necessary and should not be used as an excuse to refuse new investments Local, regional and national strategies should be reviewed as many times as necessary and should not be used as an excuse to refuse new investments Ensure a proper coordination among the requirements of different EU directives - IPPC/ SEVESO/LCP/VOC Ensure a proper coordination among the requirements of different EU directives - IPPC/ SEVESO/LCP/VOC ECENA 2nd Plenary Meeting September, Brussels, Belgium

VOC

Lessons learnt –inspection Collaboration inside environmental institutions (eq. water administration, EPA) Collaboration inside environmental institutions (eq. water administration, EPA) Realistic negotiations of transition periods, made by technical experts, taking into account economical possibilities Realistic negotiations of transition periods, made by technical experts, taking into account economical possibilities It is preferable to form experts for each distinctive field both for authorization process and for inspection. It is preferable to form experts for each distinctive field both for authorization process and for inspection. Some companies will try to use all possibilities to “escape” from a EU directive label Some companies will try to use all possibilities to “escape” from a EU directive label ECENA 2nd Plenary Meeting September, Brussels, Belgium

Thank you for your attention Thank you for your attention Questions? Questions? ECENA 2nd Plenary Meeting September, Brussels, Belgium