Environmental Authorization

Environmental protection law for companies is complex, and the requirements for legal entities can often be difficult for entrepreneurs. One of the most important documents is the environmental permit, which aims to limit the impact of the activity carried out on the environment.

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Environmental Authorization

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Environmental Authorization - in brief

What is Environmental Clearance?

The conditions for carrying out activities with environmental impact are regulated by the competent authorities by issuing a regulatory act called Environmental Authorization.

Depending on the type of activity, the equipment/facilities used and the impact generated, the regulatory act issued may be an Environmental Authorization or an Integrated Environmental Authorization , the difference being mainly due to the measures imposed by the authority in order to manage the impact generated on the environment.

Environmental permit - why is it required?

These Environmental Permits set out the measures to be followed and how these measures are to be verified, in order to limit the impact of the authorized activity on the environment.
In some cases, even defined by law, the Environmental Permit sets out how to act in the event of situations causing pollution by environmental factors, in order to reduce and eliminate the impact on the environment and human health.

Not all activities require an environmental permit, and a list of activities that require an environmental permit can be found in Annex 1 of OM No. 1798/2007.

Once the Environmental Authorization is obtained, it must be reviewed annually (obligatory introduced by legislation in 2019), and as appropriate:

revised if the conditions of the initial authorization change substantially
transferred, if the same CANE codes are kept (activities as originally authorized), but the activity is carried out on another company.

Operation without an environmental permit can be sanctioned with a fine according to GEO 195/2005 on environmental protection. The amount of the fine is from 30.000 lei to 60.000 lei, for legal entities.

Obtaining the Environmental Authorization - steps

Obtaining the ascertaining certificate for the company's point of work and the CANE codes of the activities from that point of work
Checking in Annex 1 of OM 1798/2007 if those CANE codes require an Environmental Permit
If the activities require an Environmental Permit, the steps for submitting the application file to the competent authority (ANPM, APM or the Danube Delta Biosphere Reserve Administration if the activity is carried out within the perimeter of the Reservation) are followed.
Site visit in order to verify by the EPA representative the conditions for carrying out the activities for which the Environmental Permit is requested. It evaluates the endowments, the neighborhoods, the existing environmental conditions, etc. These must correspond to those presented in the submitted documentation.
If it is a new activity, after completing the above steps, the EPA publishes the issuance decision. If there are no appeals, the Environmental Permit can be issued within a maximum of 90 working days from the date of complete submission of the file.
If the Environmental Permit is required for an existing activity, the procedure may differ. APM may request a Environmental balance.
It is recommended to use an outsourced Environmental Consulting service as the procedures for obtaining the Environmental Permit or the Annual Visa for the Environmental Permit are complex and require expertise.

Environmental authorization - necessary documents

The application file for the Environmental Permit must contain at least the following documents:

Application for authorization;
Presentation and declaration form (it is recommended to ask for the help of an environmental expert in order to avoid further completions and to extend the duration of obtaining the authorization);
Proof of media coverage of the intention to carry out the activity for which the Environmental Permit is requested;
Company Registration Certificate (CUI);
Certificate of finding issued by the ORC;
Proof of ownership of the space (sale-purchase contract, rental, loan, etc.);
Objective / location situation plan (plan attached to the town planning certificate);
The plan for framing the objective in the area (plan attached to the urbanism certificate);
Minutes of compliance with all the conditions imposed by the environmental agreement (if there is an environmental agreement), the registration form accompanied by the documents specified by it, for the authorization of the activity of the rehabilitation and / or care centers (if applicable);
Proof of payment of the fee for the procedure for obtaining the Environmental Permit. The fee for the evaluation of the documentation in order to issue the environmental permit is 500 lei and can be paid by payment order or by money order.
Other documents depending on the complexity of the activity, the conditions of the location, other approvals or necessary authorizations (wastewater collection agreement, ISU approvals, water management authorization, etc.)

Let Stratos run the bureaucracy. Apply for help to obtain an Environmental Permit.

Integrated Environmental Authorization - What is it?

INTEGRATED ENVIRONMENTAL PERMIT – is the administrative act issued by the competent authority for environmental protection, which grants the right to operate a facility in whole or in part, under certain conditions, which guarantee that the facility complies with the provisions on integrated pollution prevention and control; the authorization may be issued for one or more facilities or parts thereof, located on the same site and operated by the same operator.

The issuance of the Environmental Approval for Plans and Programs and the Integrated Environmental Authorization falls within the competence of the central public authority for environmental protection and the regional environmental protection agencies. Steps in these procedures can be delegated to the local environmental authority.

Annual visa for Environmental Permit

According to recent regulations that have come into force, the Environmental Permit is no longer valid for a specified period. The visa for the operation of a company must be obtained annually in order to be able to carry out your economic activity.
In order to obtain the annual visa for the environmental permit required to continue your economic activity, you must first apply for the annual visa at the environmental protection agency of the county to which you belong.

If you have several environmental permits, whether they are integrated or not, you must obtain a visa for each workplace, ie send a separate application to the environmental authority.

How long does it take to get the annual Environmental Permit visa?

If all goes well, you will receive the visa within 15 working days of registering the application. Sometimes additional documentation research and site verification is required.

Site verification is required by law under certain conditions, the period during which this procedure takes place differs in the case of permits and integrated environmental permits.

When applying for an annual visa for the integrated environmental permit, it is mandatory to check the annual location where you carry out the activity for which you want to obtain it. With regard to the environmental permit, this process takes place at the first application for the annual visa, and then at least two years later.

If everything is in order after site inspections, you will receive an annual environmental permit visa within five days of completing these procedures. If it is found that there are problems with the application of the conditions imposed by the environmental permit, you have 60 days to remedy the irregularities found. You will then need to provide the documents proving the implementation of the measures requested by the competent authorities. These are analyzed and, if deemed appropriate, a new site inspection is carried out.

The measures related to this process are provided in Order no. 1150 of 27 August 2020 on the approval of the procedure for applying for the annual visa of the environmental permit and the integrated environmental permit.

Environmental authorization - What do I do after obtaining it?

The Environmental Permit also contains obligations regarding compliance with specific legislation, in particular with regard to pollution, waste management, etc. Therefore, the next steps would be:

carefully reviewing the obligations under the Environmental Permit
identification of deadlines and compliance with deadlines imposed by the competent authority, for different reporting: monthly / quarterly / annual
when there are changes to the initial conditions under which the initial authorization was obtained, those changes shall be notified by notification to the competent authority. Pending the adoption of regulations by the competent authority, it is forbidden to carry out activities / projects for which notification has been sent.
the competent authority shall decide, as appropriate, to maintain the regulatory acts or to revise them, informing the holder
within 60 days from the date of signing or issuing the document certifying the conclusion of one of the procedures for which the environmental permit was requested, or in case of sale of the majority stake, sale of assets, merger, division, concession leading to change of business owner, or in case of dissolution of the company followed by liquidation, bankruptcy, cessation of business, the parties involved notify in writing the competent authority for environmental protection, the obligations assumed for environmental protection. CAREFUL! Fulfilling all environmental obligations is a priority in the company's dissolution and liquidation proceedings.

Environmental Permit / Integrated Environmental Permit - Sanctions

The most important and frequent penalties applied to economic operators holding regulatory acts are the following:

For non-compliance with the obligations of natural and legal persons to provide and / or use correct information for the preparation of environmental assessments, environmental impact assessments, a environmental assessments and location reports. In these cases, the fine for individuals is from 5.000 to 10.000 lei, and for legal entities from 30.000 la 60.000 she.
For non-compliance with the provisions related to the environmental permit / integrated environmental permit by individuals and legal entities for activities that are subject to regulatory procedures in terms of environmental protection.

In these cases, the fine for individuals is from 5.000 to 10.000 lei, and for legal entities from 30.000 to 60.000 lei.

Failure to comply with the obligation of the holder to notify the competent authority for environmental protection when new elements, unknown at the date of issuance of regulatory acts, or any change in the conditions underlying their issuance, occur before the amendment is made.

In these cases, the fine for individuals is from 5.000 to 10.000 lei, and for legal entities from 30.000 to 60.000 lei.

For non-compliance by the owners of the activities subject to regulatory procedures with regard to environmental protection, to comply with the deadlines imposed by the competent environmental protection authority in carrying out these procedures. The fine is between 7.500 and 15.000 lei for individuals and between 50.000 si 100.000 lei for legal entities.
For accidental pollution due to non-supervision of the execution of new works, operation of installations, technological equipment and treatment and neutralization, mentioned in the provisions of the environmental agreement and / or the integrated environmental authorization / authorization. The fine is between 7.500 and 15.000 lei for individuals and between 50.000 si 100.000 lei for legal entities.
For the continuation of the activity after the suspension of the environmental agreement or of the authorization, respectively of the integrated environmental authorization.

The last two actions (points 5 and 6) constitute crimes and are punishable by imprisonment from 3 months to 1 year or a fine, if they were likely to endanger human, animal or plant life or health.

Continuation of the activity after the suspension of the environmental agreement or the integrated environmental permit / permit shall be sanctioned with a fine between 50.000 lei and 100.000 of lei or îimprisonment from 6 months to 3 years.

Let Stratos run the bureaucracy. Apply for help to obtain an Environmental Permit.

Environmental Permit - How Stratos Helps You

Obtaining an Environmental Permit, its revision or the annual visa of the environmental permit involves a time-consuming bureaucratic process that involves skills in the field of environmental protection. Stratos is the partner you need in this situation. Stratos supports you and ensures all the steps necessary to obtain the Environmental Authorization:

Preparation of the technical documentation necessary to obtain the Environmental Permit (presentation sheet, declarations)
Registration of the company in the Integrated Environmental System on the ANPM website - regulations section
Publish specific environmental announcements
Identification of environmental non-compliances related to emplacement
Representation of the company in relation to the Environmental Protection Agency and the control authorities
Activities of Monitoring of the quality of the environment, required by the Environmental Permit: identification of accredited laboratories for the analysis of water, air, soil, noise and vibration.

Notices and Authorizations

Frequently asked questions

If I have a valid environmental permit, do I still need to sign it?

All companies that had an environmental permit valid on July 11, 2020, must apply to the Environmental Protection Agency to obtain their annual environmental permit visa.

What is the purpose of the annual environmental permit visa?

The purpose of the annual visa is for the competent authority to certify that the holder of the environmental permit carries out the same activity and under the same conditions as when he was authorized from the point of view of environmental protection that no substantive changes have taken place and, if so, the environmental permit has been revised.

What documents are required to obtain the annual environmental permit visa

In order to obtain the annual visa, the holder of the environmental permit submits a file to the issuing authority which must contain: a) the application according to the model provided in annex no. 1 to the procedure; b) the annual environmental report and / or the reports mentioned in the regulatory acts, as the case may be; c) the declaration on its own responsibility that it carries out the activity under the same conditions for which the integrated environmental permit / authorization was issued and that no substantive changes occurred affecting the conditions established by the permit, according to the model provided in Annex no. 2 to this procedure; d) proof of payment of the tariff.

How much does the annual environmental permit visa cost?

For the application for the annual visa, a fee of 100 lei is charged for environmental permits and 300 lei for integrated environmental permits. The fee shall not be refunded to the applicant if the application for the annual visa is rejected.

When is the application for an annual environmental visa applied for?

The application for the annual environmental visa shall be made by the holder of the permit at least 60 days and at most 90 days before the day and month in which the environmental permit was issued. In the case of revised environmental permits, the 60-day period will be calculated according to the day and month in which the initial permit was issued, but in the case of revised integrated environmental permits, the visa is required in the year immediately following the revision. Careful! If the holder of the activity does not comply with the term of at least 60 days to request the annual approval, the environmental authority notifies the holder, within 5 working days from the submission of the request, of the decision to suspend the activity with a period equal to the number of days delay compared to the established term, and the suspension period starts from the date of issuing the authorization.

What happens after I apply?

Within 15 working days of the registration of the application, the competent authority shall verify the documentation submitted and determine whether additional information or documents are required, as well as the need to verify the location. The verification of the location is obligatory at the first application for the application of the annual visa and at least 2 years later. In the case of integrated environmental permits, the site inspection shall be carried out on each application for the annual visa.

Annual visa for Environmental Permit - what are the penalties if I didn't get it?

In the case of a control following which it is established that the Environmental Permit is not targeted, the sanctions can reach up to 60.000 lei and the suspension of the activity.