COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - ROMANIA Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Inhoudsopgave van deze pagina:
Council of the European Union
Brussels, 6 February 2017 (OR. en)
5967/17 ADD 24
ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37
COVER NOTE
From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
date of receipt: 6 February 2017
To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
No. Cion doc.: SWD(2017) 55 final
Subject: COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - ROMANIA
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and
how to combine efforts to deliver better results
Delegations will find attached document SWD(2017) 55 final.
Encl.: SWD(2017) 55 final
EUROPEAN COMMISSION
Brussels, 3.2.2017 SWD(2017) 55 final
COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - ROMANIA
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and how to
combine efforts to deliver better results
{SWD(2017) 33 - 54 final}
{SWD(2017) 56 - 60 final}
Romania 2
This report has been written by the staff of the Directorate-General for Environment, European
Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu
More information on the European Union is available on the internet ( http://europa.eu ).
Romania 3
Photographs: p.9 ©LIFE05 NAT/RO/000176/Florentina Florescu; p.12 ©LIFE04 NAT/RO/000225; p.13 ©Janoka82/iStock; p.20 ©Sebastian Ghita/iStock; p.25 © Cesare Andrea Ferrari/iStock
For reproduction or use of these photos, permission must be sought directly from the copyright holder.
©European Union, 2017
Reproduction is authorised provided the source is acknowledged.
Table of Content
EXECUTIVE SUMMARY .................................................................................................................................... 4
PART I: THEMATIC AREAS ................................................................................................................................ 5
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1.TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-
CARBON ECONOMY ............................................................................................................................... 5
Developing a circular economy and improving resource efficiency ...................................................... 5
Waste management .............................................................................................................................. 7
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2.PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ..................................................... 10
Nature and Biodiversity ....................................................................................................................... 10
Estimating Natural Capital ................................................................................................................... 12
Green infrastructure ............................................................................................................................ 12
Soil protection ..................................................................................................................................... 13
Marine protection ............................................................................................................................... 14
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3.ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 16
Air quality ............................................................................................................................................ 16
Noise ................................................................................................................................................. 17
Water quality and management ......................................................................................................... 17
Enhancing the sustainability of cities .................................................................................................. 20
International agreements .................................................................................................................... 21
PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ...................................................................... 22
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4.MARKET BASED INSTRUMENTS AND INVESTMENT............................................................................. 22
Green taxation and environmentally harmful subsidies ..................................................................... 22
Green Public Procurement .................................................................................................................. 22
Investments: the contribution of EU funds ......................................................................................... 23
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5.EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 25
Effective governance within central, regional and local government ................................................. 25
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Compliance assurance ......................................................................................................................... 26
Public participation and access to justice ............................................................................................ 28
Access to information, knowledge and evidence ................................................................................ 28
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Executive Summary
About the Environmental Implementation Review performance since its accession in 2007. While Romanian
In May 2016, the Commission launched the legislation accurately reflects the environmental Environmental Implementation Review (EIR), a two-year requirements agreed at EU level, their implementation cycle of analysis, dialogue and collaboration to improve on the ground is in general a challenge, prompted inter the implementation of existing EU environmental policy alia by a lack of planning, coordination and appropriate and legislation1. As a first step, the Commission drafted funding. The implementation gap is problematic in 28 reports describing the main challenges and several areas, in particular waste management and opportunities on environmental implementation for each waste-water treatment. Romania is encouraged to make Member State. These reports are meant to stimulate a better use of the EU funds to address these challenges positive debate both on shared environmental challenges and enhance the coordination of its administrative for the EU, as well as on the most effective ways to mechanisms.
address the key implementation gaps. The reports rely on Main Challenges
the detailed sectoral implementation reports collected or
issued by the Commission under specific environmental The main challenges Romania faces with regard to legislation as well as the 2015 State of the Environment implementing EU environmental policy and law are:
Report and other reports by the European Environment Improving compliance with EU waste and urban
Agency. These reports will not replace the specific waste-water legislations in order to meet the EU instruments to ensure compliance with the EU legal targets, as the final deadlines set out in the obligations. Accession Treaty are drawing near.
The reports will broadly follow the outline of the 7th Improving coordination and enhancing the Environmental Action Programme 2 and refer to the 2030 administrative capacity of the authorities and Agenda for Sustainable development and related agencies involved in the implementation of EU Sustainable Development Goals (SDGs) 3 to the extent to legislation, in particular with regard to water and which they reflect the existing obligations and policy waste management and the protection and
objectives of EU environmental law4. management of the Natura 2000 sites, as part of the broader strategy to strengthen public
The main challenges have been selected by taking into administration. account factors such as the importance or the gravity of
the environmental implementation issue in the light of Main Opportunities
the impact on the quality of life of the citizens, the
distance to target, and financial implications. Romania could perform better on topics where there is already a good knowledge base and good practices. This
The reports accompany the Communication "The EU applies in particular to:
Environmental Implementation Review 2016: Common
challenges and how to combine efforts to deliver better Pulling together the best solutions into results", which identifies challenges that are common to comprehensive, realistic waste management and several Member States, provides preliminary conclusions prevention plans based on an inclusive public on possible root causes of implementation gaps and participation process;
proposes joint actions to deliver better results. It also Eliminating the obstacles to adequate and targeted groups in its Annex the actions proposed in each country use of EU funds to support the implementation of
report to improve implementation at national level. the EU requirements; Using the next river basin management cycle to
General profile improve the monitoring networks and assessment
Romania has significantly improved its environmental methods of the water status.
1 Communication "Delivering the benefits of EU environmental policies Points of Excellence
through a regular Environmental Implementation Review"
( COM/2016/ 316 final ). Romania could share the innovative approaches it has
2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union developed with other countries. One good example is:
Environmental Action Programme to 2020 " Living well, within the
limits of our planet ". The Green Laboratory of Recycling 2012 initiative
3 United Nations, 2015. The Sustainable Development Goals has been awarded the Golden Medal of Excellency in
4 This EIR report does not cover climate change, chemicals and energy.
Romania v
the SMEs category as part of the European Corporate Social Responsibility (CSR) Awards.
Part I: Thematic Areas
-
1.Turning the EU into a circular, resource-efficient, green and
competitive low-carbon economy
Developing a circular economy and improving Romania is late to adopt the relevant planning
resource efficiency instruments concerning waste management. Its landfilling rate is the highest in the EU (82 % in 2013) 9 .
This indicates that resources are not kept within the
The 2015 Circular Economy Package emphasizes the need economy when a product has reached the end of its life. to move towards a lifecycle-driven ‘circular’ economy, A more circular economy, i.e. one focusing on recycling with a cascading use of resources and residual waste that and re-use as well as on improving resource efficiency, is close to zero. This can be facilitated by the would help boost investment. It would also generate development of, and access to, innovative financial both short- and long-term benefits for the environment, instruments and funding for eco-innovation. employment and the economy as a whole.
SDG 8 invites countries to promote sustained, inclusive Figure 1: Resource productivity 2003-15 10
and sustainable economic growth, full and productive employment and decent work for all. SDG 9 highlights the need to build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation. SDG 12 encourages countries to achieve the sustainable management and efficient use of natural resources by 2030.
Measures towards a circular economy
The transformation of our economies from linear to circular provides an opportunity to reinvent them and make them more sustainable and competitive. This will stimulate investments and bring both short and longterm benefits for the economy, the environment and
citizens alike 5 . A good practice example is The Green Laboratory of
Recycling, a 2012 initiative launched by the selective
In Romania, resource efficiency is low and the circular waste collection and a recycling organisation, in economy remains underdeveloped. In 2015, "resource partnership with the Ministry of Environment and the
productivity" 6 (how efficiently the economy uses material Ministry of Education. The project aims to inform,
resources to produce wealth) was with Bulgaria and provide education and raise the awareness of the Estonia the lowest in the EU, at. 0.31 EUR/kg compared younger generation on environmental issues. Key success with the EU average of EUR 2.0 EUR/kg. This can be seen factors were the partnership with the local municipalities in Figure 1, which also shows that Romania's resource and the involvement of school teachers in the continuous productivity has been relatively stable since 2008. promotion of recycling. The initiative has been awarded This means that the economy is on average 40% less the Golden Medal of Excellency in the SMEs category as resource efficient than the EU level. This might be related part of the European CSR Awards.
11
to its low levels of competitiveness. 7 It is not resource Romania has not yet adopted a national policy for
scarcity, but rather the lack of efficient management of programme for a circular economy, although it does have the available resources that poses problems to some initiatives which suppor the transition to a circular
sustainable development in Romania. 8 economy, in particular focusing on waste:
− The national Law for Waste Management (adopted
5 European Commission, 2015. Proposed Circular Economy Package
6 Resource productivity is defined as the ratio between gross domestic product (GDP) and domestic material consumption (DMC). 9 Eurostat
7 Schwab, WEF. The Global Competitiveness Report , 2014-2015 10 Eurostat, Resource productivity , accessed October 2016
8 Eco-Innovation Observatory, Country Brief 2013 Romania ,p. 6 11 Eco-Innovation Observatory, Country Brief 2013 Romania
Romania 6
in November 2011 12 ): this law establishes the SMEs and resource efficiency
mandatory character of selective waste collection for
large producers of waste and was seen as a major Both Romanian Small and Medium-sized Enterprises
step forward. (SMEs) and large enterprises have low awareness of their
− The implementation of the Waste Framework impact on the environment and the economic
Directive, including of its provisions related to opportunities arising from circular economy/resource
Hazardous Waste and to Waste Oils, has been driving efficiency. In spite of this, there are some private sector
the changes in the Romanian waste management initiatives in recycling and material re-use that have been
regulations. Romania has set a target to reach a level strengthened in recent years.
18 Nevertheless, Romania is
of 50% of waste to be recycled or reused by 2020. 13 missing many opportunities as it fails to recycle its own
− As of January 2014, the private sector 14 has to make waste, leaving the private sector to import recycled higher fiscal contributions to the Romanian Fund for materials for their production activities.
Environment (meant to stimulate a more sustainable Around 63% of Romania's SMEs have invested up to 5% use of natural resources and increase the reuse of of their annual turnover in their resource efficiency waste throughout the value chains of the actions (EU28 average 50%), 26% of them are currently
companies). 15 offering green products and services (EU28 average 26%), − The Ministry of Environment, Water and Forests has 37% took measures to save energy (EU28 average 59%),
as priorities for 2016 the creation of the framework 26% to minimise waste (EU28 average 60%), 29% to save
to transform and accelerate the Romanian water (EU28 average 44%), and 32% to save materials
economy’s transition towards a green economy, the (EU28 average 54%) 19 .
development of green business and green
entrepreneurship. Besides, according to information From a circular economy perspective, 28% took measures provided by Romanian authorities, a White Paper on to recycle by reusing material or waste within the Green Economy is being developed. company (EU28 average 40%), 12% to design products
− Romania has increased its number of employees in that are easier to maintain, repair or reuse (EU28 average the environmental goods and services sector from 22%) and 16% were able to sell their scrap material to around 130,000 people in 2011 to around 146,000 in another company (EU28 average 25%).
2012 16 . The Romanian Ministry of Environment Using the full potential of resource efficiency measures, acknowledges the need for further investment into the cost savings would be huge: for only four SME sectors green skills and education of the labour force (food & beverages; energy, power & utilities; towards sustainable development. The National environmental technologies; construction) the savings Labour Agency is engaged in the “Green Jobs” that would strengthen their competitiveness could
project, funded by the European Social Fund, in already amount to around EUR 320 million 20 . According
order to evaluate the Romanian market for green to the Flash 426 Eurobarometer, the resource efficiency jobs and identify good practices for support actions undertaken allowed the reduction of production measures in this sector. costs in a 60% of the Romania's SMEs (EU28 average
45%). In general, Romania does not use a lot of support
measures for resource efficiency. The most developed About 12,000 new jobs could be created and 33,600 jobs measures are either implemented through third-party could be secured if all SMEs in the four sectors would organisations or inspired by EU funded projects and fully use their potential for resource efficiency
21 . The
oriented on waste recovery and recycling. One key Flash 426 Eurobarometer "SMEs, resource efficiency and example of a voluntary agreement in 2013 concerned green markets" shows that 41% of the SMEs in Romania packaging waste prevention and recycling. It is now have one or more full time employees working in a green implemented in 14 major cities, showing a spill over job at least some of the time (EU28 average 35%). effect from the two pilot cities to 12 other major cities. 17 Romania has an average number of 3.6% full time green
Member States to support business in improving its resource
12 Law no. 211/2011 on waste regime as amended, republished in the efficiency . Study for the European Commission, p. 28
March 28 th , 2014 18 Eco-Innovation Observatory, Country Brief 2013 Romania 13 Eco-Innovation Observatory, Country Brief 2013 Romania , p. 11 19 European Commission, 2015. Flash 426 Eurobarometer "SMEs,
14 Ecomagazin, 2013. Parghii fiscale de protectie a mediului – noutati resource efficiency and green markets"
2014 20 RPA, 2015. Assessing the Potential Cost Savings and Resource Savings 15 Ecomagazin, 2013. Parghii fiscale de protectie a mediului – noutati of Investments in 4 SME sectors , study for European Commission, p.
2014 30
16 Eurostat, Employment in the environmental goods and services 21 RPA, 2015. Assessing the Potential Cost Savings and Resource Savings
sector, accessed November 2015 of Investments in 4 SME sectors , study for European Commission,, p.
17 Ecologic Institute, IEEP, BIO by deloitte, 2015. A framework for 38
Romania 7
employees per SME (EU28 average 1.7%) 22 . capacity, availability of skilled personnel in the public and
Eco-Innovation private sector, as well as the low propensity to collaborate, continue to be challenges for a systemic
Romania ranks 18th in the Eco-IS, obtaining a score of transformation agenda such as the circular economy, 87.1 in 2015 as shown in figure 2. This indicates it is both in the public and private sector. below the overall EU28 average score by 13%. However,
it is encouraging that the country has advanced three The Ministry of Environment is promoting the EU ecopositions
since 2013, from the previous rank of 21. label and voluntary participation to EMAS through campaigns, training and informative materials.
Figure 2: Eco-Innovation Index 2015 (EU=100) 23 Nevertheless, EMAS is not widely applied. Romania has
10 EMAS registered organisations. Although this seems a quite low number of registered organizations with respect to the total of 4034 organisations that hold a
registration at EU level, Romania ranks on 17 th position. It
has seen a very slight increase in the number of registered organisation since October 2015, from 7 to 10. Romania's use of EU Ecolabel licences was very limited in 2015. Romania has 14 licenses, which is quite a low number with respect to the 1875 total number of licenses at EU level, but considering that Romania has become an EU Member State in 2007, it isn’t the lowest achiever regarding the EU Ecolabel licenses.
Suggested action
• Increase support of and promotion of resource efficiency measures by SMEs, in particular by investing further in education and training. Export capacity of SMEs can be increased by improved resource
efficiency. 25 • Ensure that Romania’s policy orientation has a strategic
long-term view and an integrated approach for mainstreaming sustainable development and circular economy thinking and eco-innovation across the government’s policies.
• Develop concrete actions from national/local level authorities and synergies between all level of governance and the private sector to make more effort
The landscape of eco-innovation initiatives has been to tap in using EU funds and invest in sustainable evolving in Romania over the past years driven by EU- solutions.
level regulation. Job creation and a more sustainable
economy are among the drivers for eco-innovation. 24 Waste management
Eco-innovation shortcomings are to a large extent related
to a lack of an effective innovation system with a clearly Turning waste into a resource requires: defined institutional structure, legislative and fiscal − Full implementation of Union waste legislation, framework and financial mechanisms for encouraging which includes the waste hierarchy; the need to innovation and application of new technologies in the ensure separate collection of waste; the landfill economy. When it comes to barriers in eco-innovation, diversion targets etc. many points can be mentioned. Suitable administrative − Reducing per capita waste generation and waste
generation in absolute terms.
22 − Limiting energy recovery to non-recyclable materials The Flash 426 Eurobarometer "SMEs, resource efficiency and green
markets" defines "green job" as a job that directly deals with and phasing out landfilling of recyclable or
information, technologies, or materials that preserves or restores recoverable waste. environmental quality. This requires specialised skills, knowledge, SDG 12 invites countries to substantially reduce waste
training, or experience (e.g. verifying compliance with environmental
legislation, monitoring resource efficiency within the company, generation through prevention, reduction, recycling and
promoting and selling green products and services). 23 Eco-innovation Observatory : Eco-Innovation scoreboard 2015 24 Eco-Innovation Observatory, Country Brief 2013 Romania , 25 European Commission, 2015 SBA Fact Sheet Romania ,
Romania 8
reuse, by 2030. recycling and reduce landfilling.
The EU's approach to waste management is based on the Figure 4 shows that Romania must heavily invest in "waste hierarchy" which sets out an order of priority recycling in the next coming years in order to reach the when shaping waste policy and managing waste at the 2020 recycling target.
30 This is also due to low waste
operational level: prevention, (preparing for) reuse, tariffs, which do not generate sufficient income for future recycling, recovery and, as the least preferred option, investments. The relevant strategies and instruments to disposal (which includes landfilling and incineration divert the waste from landfills are not in place and there without energy recovery). The progress towards reaching is no comprehensive and decisive enforcement action recycling targets and the adoption of adequate against illegal landfilling.
WMP/WPP 26 should be the key items to measure the Figure 4: Recycling rate of municipal waste 2007-14 31
performance of Member States. This section focuses on management of municipal waste for which EU law sets mandatory recycling targets.
Waste management remains a key challenge for
Romania. The country's performance is characterized by extremely low recycling (5%) and slightly higher composting (11%), and high landfilling (82 %) rates, contrary to the waste hierarchy and the recycling targets set at EU level.
In 2013 (the last year for which the above data is available) in Romania there was a reduction in municipal waste generation compared to 2012. However, it remains considerably lower than the EU average (254
kg/y/inhabitant compared to around 481 kg). 27
Figure 3: Municipal waste by treatment in Romania
2007-13 28 The access of the population to municipal waste
collection schemes was only 76% in 2012, with 90% in urban and 59% in rural areas. Moreover the landfills are very often substandard ones. Relatively few localities have implemented a selective waste collection system.
In 2017, the transition period granted to Romania through the Accession Treaty for the implementation of the Landfill Directive is going to come to an end and Romania will thus have to close 101 non-compliant landfills. Considering the high volumes of waste which are being landfilled, Romania could be faced with a serious landfill capacity problem as of 2017 and could be infringing the waste legislation. Romania made use of the possibility to postpone by four year years the attainment of the 2010 50 % landfill diversion target which they reported to have met in 2014. Romania opted for a new derogation until 2020 to implement the 35% diversion
Figure 3 depicts the municipal waste 29 by treatment in target (effective in 2016). Romania did not report data on
Romania in terms of kg per capita, it is clear that packaging for 2013 and 2014, it is thus not clear if the
Romania will have to put massive efforts to increase packaging targets were met.
Furthermore, Romania is late in adopting waste 26 Waste Management Plans/Waste Prevention Programmes management plans and waste prevention programmes
27 Eurostat, Municipal waste and treatment, by type of treatment
method, accessed October 2016 28 Eurostat, Municipal waste and treatment, by type of treatment 30 Member States may choose a different method than the one used by
method, accessed October 2016 ESTAT (and referred to in this report) to calculate their recycling rates
29 Municipal waste consists of waste collected by or on behalf of and track compliance with the 2020 target of 50% recycling of
municipal authorities, or directly by the private sector (business or municipal waste.
private non-profit institutions) not on behalf of municipalities. 31 Eurostat, Recycling rate of municipal waste , accessed October 2016
Romania 9
(the national waste management plan was adopted in The key recommendations (roadmap) made in 2013 33 in
2004 and was valid until 2013), which are the best tools the context of the Commission's compliance promotion to reflect on the existing policies and find realistic exercise are still largely not implemented, hence they solutions to achieve the targets on waste management. remain valid: enforcement of the landfill tax has been In addition, these documents are necessary to secure key postponed to 2017, whilst landfill charges (gate fees) are EU funds under the Cohesion policy (as part of the 'extoo low to divert waste towards higher ends of the waste ante conditionality criteria' on waste). The hierarchy and make recycling and reuse economically implementation gap concerning the waste management attractive; the economic instruments in place are too is also reflected in infringement cases for the bad limited to prompt and cover the costs of separate application of the Landfill Directive and the non-conform collection and recycling (e.g. limited Extended Producer’s transposition of the Waste Framework Directive. Responsibility, lack of 'pay-as-you-throw' schemes);
separate collection (including for biodegradable waste)
remains insufficien t.
Suggested action
• Introduce a landfill tax and gradually increase it to divert recyclable waste from the landfills. Use the revenues to support the separate collection and alternative infrastructure in conjunction with a better allocation of the cohesion policy funds to the first steps of waste hierarchy. Avoid building excessive infrastructure for the treatment of residual waste.
• Urgently address the issue of illegal landfilling. • Focus on implementation of the separate collection obligation to increase recycling rates. • Extend and improve the cost-effectiveness, monitoring and transparency of existing EPR schemes and eliminate free-riding. • Ensure enforcement of law related to waste. • Complete the missing Waste Prevention Programme.
It is therefore not surprising that the use of the dedicated EU funds to improve waste management has been extremely low, mainly due to the lack of capacity of the final beneficiaries to prepare and implement large investment projects, lack of ownership and due to the long times spent on tender procedures.
Estimates show that full implementation of the existing waste legislation could create more than 29,100 jobs in Romania and increase the annual turnover of the waste sector by over EUR 3 billion. Moving towards the targets of the Roadmap on resource efficiency could create over 34,200 additional jobs and increase the annual turnover
by over EUR 3.6 billion. 32 country on job creation was made by the consultant on Commission
demand but was not included in the published document.
33 BiPRO, 2013. Support to Member States in improving waste 32 Bio Intelligence service, 2011. Implementing EU Waste legislation for management based on assessment of Member States' performance .
Green Growth , study for European Commission. The breakdown per Study for the European Commission , p. 47
Romania 10
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2.Protecting, conserving and enhancing natural capital
Nature and Biodiversity The implementation of the Nature Directives represents
The EU Biodiversity Strategy aims to halt the loss of a considerable challenge for the country. The Romanian administration of Natura 2000 appears to struggle with a
biodiversity in the EU by 2020, restore ecosystems and lack of administrative capacity and there are also
their services in so far as feasible, and step up efforts to
avert global biodiversity loss. The EU Birds and Habitats problems due to a lack of knowledge and data. Only a
Directives aim at achieving favourable conservation minority of the Natura 2000 sites are managed by professional bodies, the majority having only voluntary
status of protected species and habitats. administrators. A specialised agency responsible for the
SDG 14 requires countries to conserve and sustainably Natura 2000 sites in Romania has been discussed since its use the oceans, seas and marine resources, while SDG 15 accession to the EU but has not concretized. requires countries to protect, restore and promote the
sustainable use of terrestrial ecosystems, sustainably Figure 5: Sufficiency assessment of SCI networks in manage forests, combat desertification, and halt and Romania based on the situation until December 2013 reverse land degradation and halt biodiversity loss. (%)
35
The 1992 EU Habitats Directive and the 1979 Birds
Directive are the cornerstone of the European legislation aimed at the conservation of the EU's wildlife. Natura
2000, the largest coordinated network of protected areas in the world, is the key instrument to achieve and implement the Directives' objectives to ensure the longterm protection, conservation and survival of Europe's most valuable and threatened species and habitats and the ecosystems they underpin.
The adequate designation of protected sites as Special
Ares of Conservation (SAC) under the Habitats Directive and as Special Protection Areas (SPA) under the Birds
Directive is a key milestone towards meeting the objectives of the Directives. The results of Habitats
Directive Article 17 and Birds Directive Article 12 reports and the progress towards adequate Sites of Community
Importance (SCI)-SPA and SAC designation 34 both in land
and at sea, should be the key items to measure the
performance of Member States. The implementation of Natura 2000 goals is further
By the end of 2015, 22.56% of the national land area of affected by a lack of spatial planning. The 2015
Romania was covered by Natura 2000 (EU average assessment of the SCI part of the Natura 2000 network
18.1%), with Birds Directive SPAs covering 14.83% (EU showed that there were insufficiencies in designation
36
average 12.3%) and Habitats Directive SCIs covering as depicted in Figure 5 37 . The sufficiency of the 2016
16.68% (EU average 13.8%). There were 539 Natura 2000 sites in Romania, including 9 marine sites. The terrestrial 35 European Commission, internal assessment.
sites consisted of 148 Special Protection Areas 36 For each Member State, the Commission assesses whether the
designated under the Birds Directive, and 382 Sites of species and habitat types on Annexes I and II of the Habitats Directive, are sufficiently represented by the sites designated to
Community Importance (SCI´s) designated for the date. This is expressed as a percentage of species and habitats for
protection of habitats and other species. In 2016 which further areas need to be designated in order to complete the
Romania resumed the designation process by designating network in that country. A scientific reserve is given when further
new SPAs and proposing new pSCIs research is needed to identify the most appropriate sites to be added for a species or habitat. The current data , which were assessed in
2014-2015, reflect the situation up until December 2013.
37 The percentages in Figure 5 refer to percentages of the total number 34 Sites of Community Importance (SCIs) are designated pursuant to the of assessments (one assessment covering 1 species or 1 habitat in a
Habitats Directive whereas Special Areas of Protection (SPAs) are given biographical region with the Member State); if a habitat type or designated pursuant to the Birds Directive; figures of coverage do a species occurs in more than 1 Biogeographic region within a given not add up due to the fact that some SCIs and SPAs overlap. Special Member State, there will be as many individual assessments as there Areas of Conservation (SACs) means a SCI designated by the Member are Biogeographic regions with an occurrence of that species or States. habitat in this Member State.
Romania 11
designation is currently being assessed. 13% of the breeding species showed short-term
According to the latest report on the conservation status increasing or stable population trends (for wintering of habitats and species covered by the Habitats species this figure was 27%).
Directive 38 , 63% of the habitats' biogeographic Figure 7: Short-term population trend of breeding and
assessments were favourable in 2013 (EU 27: 16 %). On wintering bird species in Romania in 2012 (%) 42
the other hand, 28 % are considered to be unfavourable–
inadequate 39 (EU27: 47%) and 7 % are unfavourable –
bad (EU27: 30%).
Figure 6: Conservation status of habitats and species
in Romania in 2007/2013 (%) 40
The elaboration of Natura 2000 management plans was supported from a dedicated budget line under the 2007- 2013 Operational Programme Environment administered by the Ministry of Environment. By the end of 2016 altogether 201 management plans were approved by the Romanian authorities. On the other hand no SAC was designated by that date.
It was found that habitats in Romania have achieved the best conservation status in the EU, while the conservation status of species is the worst. The implications of these findings are still to be fully
As for the species, 19 % of the assessments were addressed in the protection and management of the favourable in 2013 (EU 27: 23%), 66 % unfavourable Natura 2000 sites.
inadequate (EU27: 42%), and 6% unfavourable-bad In addition, the media have been reporting repeatedly
(EU27: 18%). This is depicted in Figure 6 41 . No about significant illegal logging in the country. The unfavourable assessments for species and habitats were Commission is still assessing these reports, as well as the showing a positive trend in 2013. initiatives reported by the Romanian Government to fight
Figure 7 depicts that, as far as birds are concerned, only illegal logging through extended administrative measures aimed at improving checking/inspection capacity and the
legal framework. The Integrated Information System for
38 The core of the ‘Article 17’ report is the assessment of conservation Wood Tracking (SUMAL) has been improved by enabling
status of the habitats and species targeted by the Habitats Directive. the public to report to the emergency number 112 any 39 Conservation status is assessed using a standard methodology as vehicles suspected to be loaded with wood materials of
being either ‘favourable’, ‘unfavourable-inadequate’ and
‘unfavourable-bad’, based on four parameters as defined in Article 1 illegal origin.
of the Habitats Directive.
40 Beyond Natura 2000 areas, the natural environment of These figures show the percentage of biogeographical assessments in
each category of conservation status for habitats and species (one Romania is characterized by a variety of traditional
assessment covering 1 species or 1 habitat in a given biographical landscapes. Extensively managed, high-nature value
region with the Member State), respectively. The information is farmland and forests support remarkable biological
based on Article 17 of the Habitats Directive reporting - national diversity, but such areas are under threat due to
41 Please note that a direct comparison between 2007 and 2013 data is agricultural intensification and the abandonment of
complicated by the fact that Bulgaria and Romania were not covered traditional, extensive management practices.
by the 2007 reporting cycle, that the ‘unknown’ assessments have strongly diminished particularly for species, and that some reported changes are not genuine as they result from improved data/ 42 Article 12 of the Birds Directive reporting - national summary of monitoring methods. Romania
Romania 12
. energy, regional development, tourism, and marine and forest for the period 2014-2020. An analysis and data management for the MAES process is being developed. Methodological guidance has been provided for mapping and assessing ecosystems at national level.
Suggested action
• Ensure government support to the mapping and assessment of ecosystems and their services, valuation and development of natural capital accounting systems.
• Improve such accounting systems based on best practice.
Green infrastructure
Suggested action
• Complete the Natura 2000 designation process and put The EU strategy on green infrastructure
44 promotes the
in place clearly defined conservation objectives and the incorporation of green infrastructure into related plans necessary conservation measures for the sites, and and programmes to help overcome fragmentation of provide adequate resources for their implementation habitats and preserve or restore ecological connectivity, in order to maintain/restore species and habitats of enhance ecosystem resilience and thereby ensure the community interest to a favourable conservation status continued provision of ecosystem services.
across their natural range. Green Infrastructure provides ecological, economic and
• Strengthen the administrative capacity to improve the social benefits through natural solutions. It helps to designation and management of protected sites. understand the value of the benefits that nature provides Strengthen communication with stakeholders. to human society and to mobilise investments to sustain
• Enhance efforts to collect reliable data and to improve and enhance them.
the quality of the assessments. The Lower Danube Green Corridor 45 (LDGC) aims to
• Mitigate the current pressures on natural resources coordinate national efforts and cross-border cooperation
caused by the intensification of agriculture, by proper among the Lower Danube countries for the protection
funding of agri-environmental measures under the and restoration of wetlands and floodplain habitats. The
Rural Development Programme and especially for the governments of Romania, Bulgaria, Ukraine and Moldova
maintenance of High Nature Value Farming. have committed to establishing a large-scale ecological
corridor of up to 1 million ha of existing and new
Estimating Natural Capital protected areas and 223 608 ha of areas proposed to be
The EU Biodiversity Strategy to 2020 calls on the Member restored to natural floodplains. A number of protection
States to map and assess the state of ecosystems and and restoration activities have been implemented their services in their national territory by 2014, assess demonstrating the multiple benefits of healthy wetlands the economic value of such services, and promote the such as wildlife habitat, fish breeding grounds, water integration of these values into accounting and reporting purification and local tourism opportunities. systems at EU and national level by 2020. In the Territorial Development Strategy of Romania 2035 At the country level, a project on "Demonstrating and there is a clear reference to green infrastructure as an promoting natural values to support decision-making in efficient way to adapt to climate change and diminish Romania" has been launched to implement the EU natural risks compared to physical or grey infrastructure. initiative on Mapping and Assessment of Ecosystems and Specific measures include the protection of natural their Services (MAES). The project includes a public policy habitats (by ensuring diversity of and interconnectivity analysis of the level of integration of the concept of between natural areas, particularly in the context of ecosystems 43 and ecosystem services in different sectors: Natural 2000 management) and the development of biodiversity, climate change, fishing and aquaculture, green spaces in urban areas as well as of green belts in
agriculture and sustainable development, transport,
44
European Union, Green Infrastructure — Enhancing Europe’s Natural 43 Ecosystem services are benefits provided by nature such as food, Capital, COM/2013/0249
clean water and pollination on which human society depends. 45 See SWD52013)155, p. 21
Romania 13
the surroundings of major cities. considering smart growth, but fails to take into account
Green Infrastructure and the functionality and coherence
of the Natura 2000 network 48 .
Benefits of green infrastructure are for instance illustrated through the following initiative: WWF in partnership with the Ukrainian NGO RachivEcoTur implemented the "Open Borders for Bears between Romanian and Ukrainian Carpathians" project in the regions of Maramures, Romania, and Ivano-Frankivsk and Zakarpatska, Ukraine. The goal of the project was to reduce habitat fragmentation, identify the critical corridors and the related reconstruction needs and secure sustainable use of natural resources. The critical habitats and wild life corridors are components of a
A national assessment has started funded by the EEA, Green Infrastructure delivering multiple benefits.
Norwegian Grants and EU through DG Environment’s
service contract “Mapping of Ecosystems and their The benefits from the project include e.g. identification
Services in the EU and its Member States” (MESEU). and implementation of tools to effectively manage natural resources that contribute to the conservation of
The Romanian Master Plan for Transport in Romania the critical habitats and corridors for bears, and for
2030 mentions the need to respect conservation sustainable development of the communities.
measures in future projects including integrating nonstructural
and green infrastructure measures, and Soil protection
avoiding negative impact on protected areas, forested areas as well as non-protected areas where species of
community interest are identified by reconsidering The EU Soil Thematic Strategy highlights the need to
planning of routes 46 . ensure a sustainable use of soils. This requires the prevention of further soil degradation and the
The Hungary-Romania Cross-Border Cooperation preservation of its functions, as well as the restoration of
Programme aimed to identify relations between degraded soils. The 2011 Road Map for Resourcelandscape, habitats quality and ecosystem services as Efficient Europe, part of Europe 2020 Strategy provides perceived by local communities 47 . that by 2020, EU policies take into account their direct
Specific barriers for the implementation of green and indirect impact on land use in the EU and globally, infrastructure in Romania include: limited understanding and the rate of land take is on track with an aim to of the way natural ecosystems function, which translates achieve no net land take by 2050.
into limited capacity to conceive green infrastructure SDG 15 requires countries to combat desertification, projects; lack of figures and examples on both sociorestore degraded land and soil, including land affected by economic and environmental benefits to convince desertification, drought and floods, and strive to achieve decision-makers of the opportunities of investing in a land-degradation-neutral world by 2030.
green infrastructure; lack of pre-planning mentality and
poor use of integrated spatial planning processes. If the Soil is an important resource for life and the economy. It large investment in infrastructure (motorways, provides key ecosystem services including the provision speedways, railways, water and sewage networks, waste of food, fibre and biomass for renewable energy, carbon management facilities, etc.) needed in the near future is sequestration, water purification and flood regulation, not properly planned, integrated and assessed, it will the provision of raw and building material. Soil is a finite threaten habitat connectivity. In this respect, a thorough and extremely fragile resource and increasingly development and implementation of Operational degrading in the EU. Land taken by urban development Programmes taking Green Infrastructure into account and infrastructure is highly unlikely to be reverted to its should be envisaged. For example, the new Regional natural state; it consumes mostly agricultural land and Operation Programme for the Western Region is increases fragmentation of habitats. Soil protection is
indirectly addressed in existing EU policies in areas such as agriculture, water, waste, chemicals, and prevention
46 Trinomics, 2016. Supporting the implementation of the European of industrial pollution.
Green Infrastructure Strategy . Study for the European Commission, draft country fact sheet Romania
47 Trinomics, 2016. Supporting the implementation of the European 48 Trinomics, 2016. Supporting the implementation of the European
Green Infrastructure Strategy . Study for the European Commission, Green Infrastructure Strategy . Study for the European Commission, draft country fact sheet Romania draft country fact sheet Romania
Romania 14
Figure 8 shows the different land cover types in Romania policy instruments in Romania and other EU Member in 2012. States is being performed by the EU Expert Group on Soil
Figure 8: Land Cover types in Romania 2012 49 Protection.
Marine protection
The EU Coastal and Marine Policy and legislation require that by 2020 the impact of pressures on marine waters is reduced to achieve or maintain good environmental status and coastal zones are managed sustainably. SDG 14 requires countries to conserve and sustainably use the oceans, seas and marine resources for sustainable development.
The Marine Strategy Framework Directive (MSFD) 53 aims
to achieve Good Environmental Status (GES) of the EU's marine waters by 2020 by providing an ecosystem approach to the management of human activities with impact on the marine environment. The Directive requires Member States to develop and implement a marine strategy for their marine waters, and cooperate with Member States sharing the same marine region or subregion.
As part of their marine strategies, Member States had to make an initial assessment of their marine waters,
determine GES 54 and establish environmental targets by
July 2012. They also had to establish monitoring programmes for the on-going assessment of their marine waters by July 2014. The next element of their marine
Artificial land cover is used for settlements, production strategy is to establish a Programme of Measures (2016). systems and infrastructure. It may itself be split between All these different elements of their marine strategy have built-up areas (buildings) and non-built-up areas (such as to be reported to the Commission, which, in turn, linear transport networks and associated areas). assessed whether these elements constitute an
appropriate framework to meet the requirements of the
The annual land take rate (growth of artificial areas) was MSFD.
0.15% over the period 2006-2012, well below the EU
average (0.41%). It represented 1,917 hectares per year Romania's marine waters are part of the Black Sea and was mainly driven by housing, services and marine region and the country is party to the Black Sea
recreation as well as industrial and commercial sites 50 . Convention. The main threats to the Black Sea region are land-based sources of pollution (e.g. nutrients coming
The percentage of built up land in 2009 was 1.58%, well from the River Danube). In addition, given the role of the
below the EU average (3.23%) 51 . Black Sea region as a transit route for major oil and gas
The soil water erosion rate in 2010 was 2.84 tonnes per exports, oil spills or accidental pollution may also become ha per year, close to EU28 average (2.46 tonnes) 52 . increasingly important. Finally, the Black Sea's fish stock
has deteriorated dramatically over the past three
There are still not EU-wide datasets enabling the decades, with the diversity of commercial fish caught provision of benchmark indicators for soil organic matter shrinking from about 26 species to six. This is due to decline, contaminated sites, pressures on soil biology and eutrophication, the introduction of alien species and diffuse pollution. overfishing 55 .
An updated inventory and assessment of soil protection Romania has been diligent with the implementation of
49 European Environment Agency. Land cover 2012 and changes country analysis [publication forthcoming] 53 European Union, Marine Strategy Framework Directive 2008/56/EC
50 European Environment Agency Draft results of CORINE Land Cover 54 The MSFD defines Good Environmental Status (GES) in Article 3 as:
(CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006 "The environmental status of marine waters where these provide artificial land. ecologically diverse and dynamic oceans and seas which are clean,
51 European Environment Agency, 2016. Imperviousness and healthy and productive" imperviousness change, Figure 1 55 European Environment Agency, 2015. State of the Environment
52 Eurostat, Soil water erosion rate , Figure 2, accessed November 2016 report – Black Sea region
Romania 15
the MSFD. Regarding the last deliverables under the Commission provided guidance to assist Romania in its
MSFD (initial assessment, determination of GES and implementation of the Marine Strategy Framework environmental targets), Romania made considerable Directive. efforts to set quantitative targets when data was
available and to give a GES description consistent with Suggested action
other EU legislation. However, weaknesses were • Continue work to improve the definitions of GES in identified in the definition of GES: for instance Romania particular for biodiversity descriptors, including initially only defined GES for 5 out of the 11 MSFD through regional cooperation by using the work of the descriptors. relevant Regional Sea Convention.
A number of EU-financed projects facilitate cooperation • Identify and address knowledge and information gaps. and support implementation of the MSFD in the Black • Further develop approaches assessing (and Sea region. Romania should continue to pursue quantifying) impacts from the main pressures in order coordination at regional level to improve the quality of its to lead to improved and more conclusive assessment next deliverables under the MSFD. results for 2018 reporting.
• Continue to integrate monitoring programmes already
Romania established a monitoring programme of its existing under other EU legislation and to implement marine waters in 2014. However, the monitoring joint monitoring programmes developed at programmes for all descriptors apart from (sub)regional level. eutrophication, contaminants and contaminants in • Enhance, in cooperation with Bulgaria, the seafood need further refinement to constitute an comparability and consistency of monitoring methods appropriate framework to monitor progress towards the within its marine region.
GES. In addition, Romania reports that its monitoring
programme will not be in place before 2018, the date by • Urgently report and implement the national which the next assessment of Romania's marine waters is programme of measures.
due. • Ensure that its monitoring programme is implemented without delay and is appropriate to monitor progress
In 2012, Romanian marine protected areas covered towards its GES.
1887.5 square kilometres of their marine waters in the
Black Sea. The country's six nationally designated Marine
Protected Area sites almost entirely overlapped with the
Natura 2000 sites 56 .
The Transboundary Diagnostic Analysis of the Black Sea confirms (2007) that isolation from the flushing effects of the open ocean, coupled with its huge catchment, has made the Black Sea particularly susceptible to eutrophication. On the basis of this analysis, eutrophication/nutrient enrichment is acknowledged by the Strategic Action Plan for the Environmental
Protection and Rehabilitation of the Black Sea adopted in
Sofia, on 17 April 2009 as one of the four priority transboundary problems and one of the Ecological
Quality Objectives of this Plan is therefore to reduce it.
The Commission financed a project to help the Black Sea countries address this problem, in cooperation with
HELCOM 57 .
In its reports on the implementation of the MSFD 58 , the
56 2012 Data provided by the European Environment Agency to the
European Commission – Not published 57 European Commission, 2014. Environmental monitoring of the Black
Sea with focus on nutrient pollution , Final report
58 Report from the Commission "The first phase of implementation of
the Marine Strategy Framework Directive (2008/56/EC) - The European Commission's assessment and guidance" COM(2014)097 & Commission Staff Working Document Accompanying the Commission Report assessing Member States' monitoring programmes under the Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1 final)
Romania 16
-
3.Ensuring citizens' health and quality of life
Air quality 2014 for sulphur oxides (-79%), nitrogen oxides (-53%),
ammonia (-46%) as well as volatile organic compounds
The EU Clean Air Policy and legislation require that air (-10%) ensure emissions from these pollutants are within
quality in the Union is significantly improved, moving the currently applicable national emission ceilings. 61
closer to the WHO recommended levels. Air pollution These trends must continue if Romania is to achieve and its impacts on ecosystems and biodiversity should be compliance with air quality standards, too.
further reduced with the long-term aim of not exceeding At the same time, air quality in Romania continues to
critical loads and levels. This requires strengthening
efforts to reach full compliance with Union air quality cause concern. For 2013, the European Environment Agency estimated that about 25 330 premature deaths
legislation and defining strategic targets and actions were attributable to concentrations of fine particulate beyond 2020. matter 62 , 430 to ozone concentrations and 1 900 to The EU has developed a comprehensive suite of air nitrogen dioxide concentrations 63 . This is also due to quality legislation 59 , which establishes health-based exceedances above the EU's air quality standards as
Figure 9: Attainment situation for PM10, NO2 and O3 in 2014
standards and objectives for a number of air pollutants. shown in Figure 9 64 .
As part of this, Member States are also required to ensure that up-to-date information on ambient 61
concentrations of different air pollutants is routinely The current national emission ceilings apply since 2010 ( Directive 2001/81/EC ); revised ceilings for 2020 and 2030 have been set by
made available to the public. In addition, the National Directive (EU) 2016/2284 on the reduction of national emissions of
Emission Ceilings Directive provides for emission certain atmospheric pollutants, amending Directive 2003/35/EC i and
reductions at national level that should be achieved for repealing Directive 2001/81/EC i. 62
main pollutants. Particulate matter (PM) is a mixture of aerosol particles (solid and liquid) covering a wide range of sizes and chemical compositions.
The emission of several air pollutants has decreased PM10 (PM2.5) refers to particles with a diameter of 10 (2.5)
significantly in Romania 60 . Reductions between 1990 and micrometres or less. PM is emitted from many human sources, including combustion
63 European Environment Agency, 2016. Air Quality in Europe – 2016 Report (Table 10.2, please see details in this report as regards the
59 European Commission, 2016. Air Quality Standards underpinning methodology)
60 See EIONET Central Data Repository and Air pollutant emissions data 64 Based on European Environment Agency, 2016. Air Quality in Europe viewer (NEC Directive) – 2016 Report . (Figures 4.1, 5.1 and 6.1)
Romania 17
For 2013, exceedances above the EU air quality standards have been registered related to nitrogen dioxide in two air quality zones (Bucharest and Brasov), and related to particulate matter(PM 10 ) in three air quality zone
(Bucharest, Iasi and Ilfov). Noise
For 2014, the Romanan authorities have communicated
exceedances above the EU air quality standards related The Environmental Noise Directive provides for a to particulate matter (PM common approach for the avoidance, prevention and 10 ) in one zone (Bucharest). Furthermore, the target values and long-term objectives reduction of harmful effects due to exposure to regarding ozone concentrations are not being met in environmental noise.
several air quality zones 65 . Excessive noise is one of the main causes of health
The persistent breaches of air quality requirements (for issues
68 . To alleviate this, the EU acquis sets out several
PM requirements, including assessing the exposure to 10 ), which have severe negative effects on health and environment, are being followed up by the European environmental noise through noise mapping, ensuring Commission through infringement procedures covering that information on environmental noise and its effects is all the Member States concerned, including Romania. made available to the public, and adopting action plans The aim is that adequate measures are put in place to with a view to preventing and reducing environmental
bring all zones into compliance. noise where necessary and to preserving the acoustic environment quality where it is good.
It is estimated that the health-related external costs from
air pollution in Romania are above EUR 10 billion/year Romania's implementation of the Environmental Noise
(income adjusted, 2010), which include not only the Directive
69 is delayed. The noise mapping for the most
intrinsic value of living a full health life but also direct recent reporting round, for the reference year 2011, is costs to the economy. These direct economic costs relate mostly complete. Action plans for noise management in to 4.5 million workdays lost each year due to sickness the current period have been adopted for 53% of related to air pollution, with associated costs for agglomerations, 3.7% of major roads and 33.33% of employers of EUR 257 million/year (income adjusted, major railways. For airports, the Romanian authorities 2010), for healthcare of above EUR 31 million/year have fulfilled all their obligations.
(income adjusted, 2010), and for agriculture (crop losses) Suggested action
of EUR 106 million/year (2010) 66 . • Complete the missing noise maps and action plans.
Suggested action
• Maintain downward emissions trends of air pollutants Water quality and management
in order to achieve full compliance with air quality limit
values - and reduce adverse air pollution impacts on The EU water policy and legislation require that the
health, environment and economy.
• Reduce nitrogen oxide (NO impact of pressures on transitional, coastal and fresh x ) emissions to comply with waters (including surface and ground waters) is
currently applicable national emission ceilings 67 and/or significantly reduced to achieve, maintain or enhance
to reduce nitrogen dioxide (NO 2 ) (and ozone good status of water bodies, as defined by the Water
concentrations), inter alia, by reducing transport Framework Directive; that citizens throughout the Union
related emissions - in particular in urban areas. benefit from high standards for safe drinking and bathing
• Reduce PM 10 emission and concentration, inter alia, by water; and that the nutrient cycle (nitrogen and
reducing emissions related to energy and heat phosphorus) is managed in a more sustainable and
generation using solid fuels, to transport and to resource-efficient way.
agriculture.
SDG 6 encourages countries to ensure availability and sustainable management of water and sanitation for all.
65 See The EEA/Eionet Air Quality Portal and the related Central Data
Repository 68 WHO/JRC, 2011, Burden of disease from environmental noise, 66 Based on the Impact Assessment for the European Commission Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds),
Integrated Clean Air Package (2013) World Health Organization, Regional Office for Europe , Copenhagen, 67 Under the provisions of the revised National Emission Ceilings Denmark
Directive, Member States now may apply for emission inventory 69 The Noise Directive requires Member States to prepare and publish,
adjustments. Pending evaluation of any adjustment application, every 5 years, noise maps and noise management action plans for Member States should keep emissions under close control with a agglomerations with more than 100,000 inhabitants, and for major view to further reductions. roads, railways and airports.
Romania 18
The main overall objective of EU water policy and has to be noted that the progress regarding individual legislation is to ensure access to good quality water in status quality elements may be masked due to the sufficient quantity for all Europeans. The EU water application of the ‘one-out all-out’ rule. This level of
acquis 70 seeks to ensure good status of all water bodies improvement of ecological status has also to be seen in
across Europe by addressing pollution sources (from e.g. relation to the fact that Romania is still under transitional agriculture, urban areas and industrial activities), physical periods for the implementation of the Urban Waste and hydrological modifications to water bodies and the Water Treatment Directive which has driven to a large management of risks of flooding. number of exemptions.
River Basin Management Plans (RBMPs) are a No change in chemical and quantitative status of requirement of the Water Framework Directive and a groundwater can be expected. means of achieving the protection, improvement and
sustainable use of the water environment across Europe. No change in chemical and quantitative status of
This includes surface freshwaters such as lakes and rivers, groundwater can be expected.
groundwater, estuaries and coastal waters up to one Romania is considered rich in water resources as it has a nautical mile. much higher theoretical availability of freshwater
In its first River Basin Management Plans 71 Romania resources than the European average. The water reported the status of 3262 rivers, 131 lakes, 2 exploitation index for the period 1998-2007 was less than transitional, 4 coastal and 142 groundwater bodies. 64% 5% of available water resources, which means that it is of natural surface water bodies achieve a good or high not a water stressed country (around 20%)
73 .
ecological status and only 38% of heavily modified or However, the actual usable water resource is one third of artificial water bodies achieve a good or high ecological this, which makes Romania a country with relatively
potential. 94% of surface water bodies, 90% of heavily scarce usable water resources 74 . This is largely due to the modified and artificial water bodies and 87% of widespread contamination of water reserves caused by groundwater bodies achieve good chemical status. 100% the domestic, industrial as well as agricultural sectors, of groundwater bodies are in good quantitative status. and it is aggravated by the severe drought events of the
The main pressure on Romanian surface waters is diffuse past years
75 .
pollution that affects 33% of water bodies. Flow Romania has an integrated water strategy for the period regulation and morphological alterations affect 13% and 2010–2035, which covers various policy areas affecting
point sources of pollution affect 8% of water bodies. 72 water resources, such as urban development,
The Romanian River Basin Management Plan has a environmental protection, agricultural and forest number of deficiencies that result in uncertainties about development, transport infrastructure, tourism and the status, and the link between identified pressures, construction.
objectives and measures is not always clear. In particular Since 2013, Romania has a revised action programme in there are weaknesses in methods for assessment and place implementing the nitrates directive and applying to classification of the status. A number of exemptions were the whole national territory. The revised legislation has applied without transparent justification. The planned brought significant improvements as compared to the measures are expected to result in improvement of previous action programme implementing the Nitrates ecological and chemical status of surface water bodies by Directive. The Romanian authorities decided to apply 4% and 1% respectively. The measures should also bring whole territory approach instead of nitrate vulnerable improvement of ecological potential of artificial and zones designation and changed some measures of the heavily modified water bodies by 9% and improvement Action Programme, with significant improvements.
of chemical status by 3%. In terms of ecological status, it At the same time, the enlargement of the agricultural
territory subject to mandatory rules/measures brings
70 This includes the Bathing Waters Directive (2006/7/EC); the Urban some challenges in terms of effective implementation
Waste Water Treatment Directive (91/271/EEC) concerning and enforcement of measures, which is key also in view
discharges of municipal and some industrial waste waters; the of the possible intensification of the agricultural sector. A
Drinking Water Directive (98/83/EC) concerning potable water recent Court of Auditors report "Danube river basin II:
quality; the Water Framework Directive (2000/60/EC) concerning water resources management; the Nitrates Directive (91/676/EEC)
and the Floods Directive (2007/60/EC) 73 European Environment Agency, 2010. Use of Freshwater resources 71 More information on the implementation status and more specific 74 More information on the implementation status and more specific
recommendations can be found at European Commission, Water recommendations can be found at European Commission, Water Framework Directive Implementation Reports Framework Directive Implementation Reports
72 More information on the implementation status and more specific 75 Policy Research Corporation, 2009. The economics of climate change
recommendations can be found at European Commission, Water adaptation in EU coastal areas – Romania . Study for the European Framework Directive Implementation Reports Commission
Romania 19
Quality of water" stated there is a lack of ambition in the nitrates and iron content.
Member States concerned including Romania to address
causes of pollution. It stated that Member States are not Romania is also still under transitional periods for the using all the possibilities offered by the Nitrates implementation of the Urban Waste Water Treatment
Directive. Directive, therefore with limited compliance obligations. The outcome of the last reporting exercise – even though
The implementation level of the Drinking Water Directive it only concerned the expiry of the first transitional
is low 76 . For example, 72% of the large water supply deadline in 2010 – was not promising, as only one out of
zones were not sufficiently monitored (2010). However, 1852 agglomerations in Romania was reported to be in the drinking water quality is overall acceptable, and full compliance. Romania will therefore have to make a enforcement is, in general, working, i.e. remedial actions considerable effort to improve compliance in the coming in case of non-compliance are taken. Nevertheless, in years, as the final deadline in the Accession Treaty is end rural areas, missing infrastructures lead to the absence of of 2018. distribution systems. In addition, there have been
Accession Treaty exemptions on several parameters until Figure 11: Urban waste water Romanian situation 2012 – the end of 2015 77 . Final deadline 2018
80
As shown in Figure 10, in 2015, in Romania out of 50 bathing waters, 32.0% were of excellent quality, 46.0% of good quality and 20% of sufficient quality. One bathing
water was of poor quality or non- compliant 78 .
It shows that the number of bathing waters with excellent water quality status has slightly improved since
2014.
Figure 10: Bathing water quality 2012 – 2015 79
Figure 11 shows the total generated load at Member State level (in population equivalent and regardless of agglomerations) and the load that remains to be addressed by Romania.
An adequate and targeted use of EU funds would be
Only slightly more than half of the population has access desirable in order to facilitate reaching compliance, not to water supply (55% of the population). In most of the only as regards construction/improvement of treatment installations used for water supply and treatment are plants but also on renewal/enlargement/construction of based on outdated and ineffective technologies. As a collecting systems.
result, such publicly supplied water may suffer from The most significant water management issues are bacteriological infestation, turbidity, and ammonia, related to the organic pollution caused by untreated
wastewater from agglomerations 81 , industrial units and
agricultural farms, by nutrient pollution, caused mainly
76 Commission's Synthesis Report on the Quality of Drinking Water in
the Union examining Member States' reports for the 2011-2013
period, foreseen under Article 13(5) of Directive 98/83/EC i; 80 European Commission, 2016 . Urban waste water, 8th implementation
COM(2016)666 i reports 77 European Commission, 2014. Reporting requirements and Synthesis 81 ANAR. 2012. Romanian Waters: National Administration. See Annex 1
Reports to Chapter 3 Water 3.5.1 Structure of wastewater discharged in
78 European Environment Agency, 2016. European bathing water quality 2012-Table 3.5.1.-1: Summary of wastewater volumes discharged in
in 2015 , p. 26 2012 on economic activities and Table 3.5.2.1 Summary of pollutant
79 European Environment Agency, State of bathing water , 2016 load discharged in 2012 on economic activities
Romania 20
by agglomerations and agricultural activities, by supplementary measures that can be financed to
hazardous substances pollution due to industrial or reduce pressures from agriculture 83 .
agricultural activities, and the pressures from
hydromorphological alterations. The implementation of Enhancing the sustainability of cities
the UWWTD is the most important measure to reduce
both organic and nutrient pollution. The EU Policy on the urban environment encourages
cities to implement policies for sustainable urban
Romania is one of the seven countries taking part in the planning and design, including innovative approaches for
"Structured Implementation and Information urban public transport and mobility, sustainable
Framework", which helps Member States with the buildings, energy efficiency and urban biodiversity implementation of the UWWTD and more particularly conservation.
with reporting of information for the next reporting
exercise. SDG11 aims at making cities and human settlements inclusive, safe, resilient and sustainable.
The flood protection and control activities represent also
one of main water management issue in Romania. 12.7% Europe is a Union of cities and towns; around 75% of the of Romania’s territory is covered by floodplains which are EU population are living in urban areas.
84
The urban
prone to flood events. The country's flood management environment poses particular challenges for the activities involve a mixture of short-, medium- and longenvironment and human health, whilst also providing term policies to protect life, assets and the environment. opportunities and efficiency gains in the use of resources.
Most of flood hazard maps for the river basins were prepared with EU funds and became available in March
2014. Technical studies identifying the measures required to further reduce the exposure to the flood risks of the vulnerable activities are under preparation and are subject of the first Flood Risk Management Plans of the river basins. Between 2002 and 2013, for the 20 floods recorded the total direct costs were EUR 3.6 billion
(damages found for 10 out of 19 floods) 82 .
Romania is called to address flood management including with Green Infrastructure approaches under the ERDF,
Rural funds and state budget. Green Infrastructure can play an important role regarding flood management as it represents a cost-effective solution to flood protection compared to traditional 'grey' measures. Given the natural capacity of floodplains to absorb large quantities of water, maintaining or restoring wetlands should be pursued as a logical response against flood risk besides classical measures.
Suggested action
• Improve the water policy in line with the intervention logic of the Water Framework Directive, i.e. to do a more detailed assessment of the link starting from the significant pressures identification to improve monitoring to know the status of water bodies and design effective Programmes of Measures.
• Continue to prioritise the investments for urban waste water treatment plants in order to meet the
transitional deadlines set in the Accession Treaty. The Member States, European institutions, cities and
• Better define the basic/mandatory measures that all stakeholders have prepared a new Urban Agenda for the
farmers should adhere to and the additional EU (incorporating the Smart Cities initiative) to tackle these issues in a comprehensive way, including their
82 RPA, 2014. Study on Economic and Social Benefits of Environmental 83 Commission Staff Working Document, Report on the Implementation
Protection and Resource Efficiency Related to the European of the Water Framework Directive River Basin Management Plans – Semester. Study for the European Commission, Annex 1: Country Romania (SDW(2012)379 final
fiches 84 European Environment Agency, Urban environment
Romania 21
connections with social and economic challenges. At the heart of this Urban Agenda will be the development of twelve partnerships on the identified urban challenges,
including air quality and housing 85 .
The European Commission will launch a new EU
benchmark system in 2017 86 .
The EU stimulates green cities through awards and funding, such as the EU Green Capital Award aimed at cities with more than 100,000 inhabitants and the EU
Green Leaf initiative aimed at cities and towns, with between 20,000 and 100,000 inhabitants.
International agreements
The EU Treaties require that the Union policy on the environment promotes measures at the international level to deal with regional or worldwide environmental problems.
Most environmental problems have a transboundary nature and often a global scope and they can only be addressed effectively through international co-operation.
International environmental agreements concluded by the Union are binding upon the institutions of the Union and on its Member States. This requires the EU and the
Member States to sign, ratify and effectively implement all relevant multilateral environmental agreements
(MEAs) in a timely manner. This will also be an important contribution towards the achievement of the SDGs, which Member States committed to in 2015 and include many commitments contained already in legally binding agreements.
The fact that some Member States did not sign and/or ratify a number of MEAs compromises environmental implementation, including within the Union, as well as the Union’s credibility in related negotiations and international meetings where supporting the participation of third countries to such agreements is an established EU policy objective. In agreements where voting takes place it has a direct impact on the number of votes to be cast by the EU.
Romania has signed and ratified almost all MEAs. It has
signed but not yet ratified the Nagoya Protocol 87 .
85 http://urbanagendaforthe.eu/
86 The Commission is developing an Urban Benchmarking and
Monitoring ('UBaM') tool to be launched in 2017. Best practices emerge and these will be better disseminated via the app featuring the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR, Committee of the Regions, Covenant of Mayors and others.
87 Protocol on Access to Genetic Resources and the Fair and Equitable
Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity.
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Part II: Enabling Framework: Implementation Tools
-
4.Market based instruments and investment
Green taxation and environmentally harmful equivalent to an increase by 1.26 and 1.7% of GDP in
subsidies 2018 and 2030, respectively. The largest potential source of revenue would come from increases in vehicle
The Circular Economy Action Plan encourages the use of taxation. The suggested increase of vehicle taxation could financial incentives and economic instruments, such as account for EUR 2.6 billion of additional revenue by 2030 taxation to ensure that product prices better reflect (real 2015 terms), equivalent to 1.26% of GDP.
environmental costs. The phasing out of environmentally
harmful subsidies is monitored in the context of the Figure 12: Environmental tax revenues as a share of
European Semester and in national reform programmes total revenues from taxes and social contributions submitted by Member States. (excluding imputed social contributions) in 2014
92
Taxing pollution and resource use can generate increased revenue and bring important social and environmental benefits.
The latest ESTAT data for Romania has environmental tax revenues amounting to 2.42% of GDP in 2014 (EU28
average: 2.46% of GDP). 88 In the same year
environmental tax revenues accounted for 8.76% of total revenues from taxes and social security contributions (up from 7.47% in the preceding year and much higher than the EU28 average of 6.35%) as shown in Figure 12.
Romania's environmental tax revenues have increased continuously since 2011. The implicit tax rate on energy remains lower than the EU average (136 versus 233), indicating an energy-intensive economy and scope for improving energy efficiency.
Given that Romania faces problems with achieving environmental goals for water, waste and air, further actions in the area of environmental taxation are justified due to the considerable potential for additional revenue
from environmental taxes 89 .
A 2016 study suggests that there is considerable potential for shifting taxes from labour to environmental
taxes 90 . Under a good practice scenario 91 these could
generate an additional EUR 2.19 billion by 2018, rising to
EUR 4.38 billion by 2030 (both in real 2015 terms). This is
Green Public Procurement
88 Eurostat, Environmental tax revenues , accessed June 2016
89 European Commission, 2015. Tax Reforms in EU Member States 2015 , The EU green public procurement policies encourage
Institutional Paper 008 Sept. 2015, p.68 Member States to take further steps to reach the target 90 Eunomia Research and Consulting, IEEP, Aarhus University, ENT, 2016. of applying green procurement criteria to at least 50% of
Study on Assessing the Environmental Fiscal Reform Potential for the
EU28. N.B. National governments are responsible for setting tax rates public tenders.
within the EU Single Market rules and this report is not suggesting
concrete changes as to the level of environmental taxation. It merely Green Public Procurement (GPP) is a process whereby
presents the findings of the 2016 study by Eunomia et al on the public authorities seek to procure goods, services and
potential benefits various environmental taxes could bring. It is then
for the national authorities to assess this study and their concrete works with a reduced environmental impact throughout
impacts in the national context. A first step in this respect, already their life-cycle when compared to goods, services and
done by a number of Member States, is to set up expert groups to works with the same primary function that would
assess these and make specific proposals. otherwise be procured.
91 The good practice scenario means benchmarking to a successful
taxation practice in another Member State.
Romania 23
The purchasing power of public procurement in the EU Figure 13: European Structural and Investment Funds
equals to approximately 14% of GDP 93 . A substantial part 2014-2020: Budget Romania by theme, EUR billion 97
of this money is spent on sectors with high environmental impact such as construction or transport, so GPP can help to significantly lower the impact of public spending and foster sustainable innovative businesses. The Commission has proposed EU GPP
criteria 94 .
Romania had adopted in April 2016 a law dedicated to green public procurement and a set of criteria in the procurement of green products and services categories will be further established.
In 2017, the Ministry of Environment, Waters and
Forests will start a consultation with stakeholders for the selected categories for developing and set the strategically directions of the National Action Plan for
Green Public Procurement (GPP).
Currently, the Ministry of Environment in partnership with Regione Basilicata (IT), Fondazione Ecosistemi (IT),
Regione Lazio (IT), and Regione Sardegna (IT) are developing a LIFE project to promote instruments and actions for planning, improving, and best practice transfers for green public procurement
Investments: the contribution of EU funds
The lack of stability of the administrative structures
European Structural and Investment Funds Regulations coupled with insufficient implementation capacity often
provide that Member States promote environment and
climate objectives in their funding strategies and delay structural reforms and affect the effective use of EU funds. Based on the last available information from
programmes for economic, social and territorial the 2007-2013 period, the expected investments
cohesion, rural development and maritime policy, and
reinforce the capacity of implementing bodies to deliver approved under the Operational Programme (OP) Environment were not fully implemented and a relevant
cost-effective and sustainable investments in these areas. number of projects were not completed.
Making good use of the European Structural and
Investment Funds (ESIF) 95 is essential to achieve the Under the 2014-2020 period, investments will continue supporting Romania to improve the quality of
environmental goals and integrate these into other policy environment and promote the sustainable use of natural
areas. Other instruments such as the Horizon 2020, the
LIFE programme and European Fund for Strategic resources. Waste management, water supply and wastewater treatment, biodiversity and nature
Investment 96 (EFSI) may also support implementation protection, risks prevention and management will be the
and spread off best practice. main sectors targeted by the investments.
The global budget allocation for Cohesion Policy for the 2014-2020 period is EUR 22.4 billion, out of which EUR 3.8 billion are allocated for environmental investment
93 European Commission, 2015. Public procurement (see Figure 13). For the period 2014-20 there is no
94 In the Communication “Public procurement for a better environment”
(COM /2008/400) the Commission recommended the creation of a separate OP for environment as was the case for the
process for setting common GPP criteria. The basic concept of GPP period 2007-13, but environment is part of the Large
relies on having clear, verifiable, justifiable and ambitious Infrastructure OP, together with transport and energy, environmental criteria for products and services, based on a life-cycle for which the Managing authority is the Ministry of
approach and scientific evidence base.
95 ESIF comprises five funds – the European Regional Development European Funds. Romania is also targeting environmental
Funds (ERDF), the Cohesion Fund (CF), the European Social Fund implementation gaps with its ESIF investment OPs.
(ESF), the European Agricultural Fund for Rural Development (EAFRD), and the European Maritime and Fisheries Fund (EMFF). The ERDF, the CF and the ESF together form the Cohesion Policy funds. 97 European Commission, European Structural and Investment Funds
96 EIB: European Fund for Strategic Investments Data By Country
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The EIA/SEA and water ex-ante conditionalities, which review its implementation of this. are preconditions to access EU funding, were expected to be fulfilled by the end of 2016. The waste ex-ante conditionality is not fulfilled as the waste management plan (WMP) and the waste prevention programmes
(WPP) are not yet available. Effective economic instruments are also missing, i.e. the lack of transparent and effective Extended Producer Responsibility (EPR) or equivalent system is in place to cover the operational costs of separate collection and recycling of the main waste streams. The Action Plan included in the Roadmap is the minimum necessary to ensure achievement of the targets on preparation for reuse and recycling.
The planned environmental investments are focused on the right priorities, such as building the necessary environmental infrastructure, depolluting and rehabilitation, the development of the tools to meet the management and monitoring requirements, increasing urban green areas and improving mobility.
However, due attention should be paid to the fact that most of the environmental major projects have not yet been completed and should be finalized under the 2014-
20 programming period.
The National Rural Development Program (EARDF amounts overall to EUR 3.252 billion - 40% of the total budget to environmental measures), but only 11% is dedicated to agri-environment-Climate measures. The
RDP has a sound intervention logic which makes the link with its contribution for implementing the environmental legislation. Romania should still complete the RDP with adequate environmental safeguards, make adjustment to the agri-environment climate measure and make sure the
RDP covers proper funding and coverage once Natura
2000 management plans and the 2nd RBMPs are approved.
With regard to the integration of environmental concerns into the Common Agricultural Policy (CAP), the two key areas for Romania (as for all Member States) are, first, using Rural Development funds to pay for environmental land management and other environmental measures, while avoiding financing measures which could damage the environment; and secondly, ensuring an effective implementation of the first pillar of the CAP with regard to cross compliance and 1st pillar 'greening'. The Direct
Payment envelope of Romania is EUR 8 949 million 98 ), 30
% of which (2 740) is allocated to greening practices beneficial for the environment. An environmentally ambitious implementation of 1st pillar greening would clearly help to improve the environmental situation in areas not covered by rural development, including intensive area, and if appropriate the Romania could
98 According to Commission delegated regulation (EU) No 994/2014 of
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-
5.Effective governance and knowledge
Capacity to implement rules
SDG 16 aims at providing access to justice and building
effective, accountable and inclusive institutions at all It is crucial that central, regional and local levels. SDG 17 aims at better implementation, improving administrations have the necessary capacities, skills and policy coordination and policy coherence, stimulating training to carry out their own tasks while cooperating science, technology and innovation, establishing and coordinating effectively with each other, within a partnerships and developing measurements of progress. system of multi-level governance.
Effective governance of EU environmental legislation and In 2000, a study showed that significant changes were policies requires having an appropriate institutional required to achieve adequate levels of cooperation framework, policy coherence and coordination, applying between ministries and coordination between the legal and non-legal instruments, engaging with nonnational and county level in Romania, to achieve governmental stakeholders, and having adequate levels adequate implementation of the EU environmental of knowledge and skills 99 . Successful implementation legislation
100 . Although since then substantial EU funds
depends, to a large extent, on central, regional and local have been made available to improve environmental and government fulfilling key legislative and administrative other Cohesion Funds-related themes in particular in the tasks, notably adoption of sound implementing 2007-2013 programming period
101 , it seems that, overall,
legislation, co-ordinated action to meet environmental there is considerable room for improvement in terms of objectives and correct decision-making on matters such administrative capacity. To tackle the structural as industrial permits. Beyond fulfilment of these tasks, weaknesses, a strategy for strengthening public government must intervene to ensure day-to-day administration was adopted in 2014 together with an compliance by economic operators, utilities and action plan for its implementation in 2014-2020
102 . The
individuals ("compliance assurance"). Civil society also strategy addresses the dedicated ex ante conditionality has a role to play, including through legal action. To for the new programming period of the EU structural and underpin the roles of all actors, it is crucial to collect and investment funds
103 . Implementation seems, however,
share knowledge and evidence on the state of the starting with substantial delay.
environment and on environmental pressures, drivers and impacts.
Equally, effective governance of EU environmental legislation and policies benefits from a dialogue within
Member States and between Member States and the
Commission on whether the current EU environmental legislation is fit for purpose. Legislation can only be properly implemented when it takes into account experiences at Member State level with putting EU commitments into effect. The "Make it Work initiative", a
Member State driven project, established in 2014, organizes a discussion on how the clarity, coherence and structure of EU environmental legislation can be
improved without lowering existing protection standards. Perceptions on the quality of public services, the civil service, policy-making and implementation, as well as the
Effective governance within central, regional credibility of the government’s commitment to policies, and local government 100
Ecotec, 2000. Administrative Capacity for Implementation and
Those involved in implementing environment legislation Enforcement of EU Environmental Policy in the 13 Candidate
at Union, national, regional and local levels need to be Countries . Final Report to the European Commission 101
equipped with the knowledge, tools and capacity to Between 2007 and 2013, over EUR 1 billion was available for capacity building(including for local governments) through a programme for
improve the delivery of benefits from that legislation, Administrative Development and a programme for Technical and the governance of the enforcement process. Assistance .
102 European Commission, Commission Staff Working Document
Country Report Romania 2015 Including an In-Depth Review on the prevention and correction of macroeconomic imbalances
99 The Commission has work ongoing to improve the country-specific 103 Ex ante conditionality 11: The existence of a strategic policy
knowledge about quality and functioning of the administrative framework for reinforcing the Member States' administrative systems of Member States. efficiency including public administration reform.
Romania 26
which are captured by the 'government effectiveness' waste collection services for the entire municipality or
indicator, are well below the EU average. 104 There is a region, including rural areas.
lack of trust among political and administrative layers,
resulting in weak ownership of decisions and policies. Impact assessments are important tools to ensure environmental integration in all government policies. 106
Environmental policy developments in Romania are Romania uses regulatory impact analysis (RIA) on all mainly driven by EU Regulations and Directives. An legislative projects to be approved by the Government. important part of the implementation challenge is timely The RIA in principle covers also environmental impacts. In transposition of EU environmental law by national practice, it seems that such impacts are usually only authorities into national legislation. Romania sometimes presented qualitatively and not in-depth, and there is no
transposes environmental directives belatedly. The quality control in place. 107 Romania has fully aligned the
legislation is generally correctly transposed and when strategic environmental assessment for plans and instances of non-conformity occur, the country programmes (SEA) and environmental impact assessment cooperates and amends its legislation accordingly. for projects (EIA). The transposition of the revised EIA
Implementation remains however the real challenge as Directive will be an opportunity to streamline the indicated by the fact that Romania, although a new regulatory framework on environmental assessments, Member State, is among the countries with the highest and enhance the quality of the impact assessments number of environmental infringements mainly in the carried out.
areas of waste management (e.g. operation of The Commission encourages the streamlining of the substandard landfills), air pollution (e.g. exceedances of environmental assessments to avoid overlaps in PM10 emission limit values), non-adaptation of old large environmental assessments and accelerate decisioncombustion plants to EU standards, and authorisation of making, without compromising the quality of the projects without the necessary assessments and permits. environmental assessment procedure. The Commission
The number of complaints is increasing. Complaints and has issued a guidance document in 2016108 regarding petitions received are often related to the authorisation the setting up of coordinated and/or joint procedures of energy projects (wind farms in Dobrogea region, that are simultaneously subject to assessments under the micro-hydropower plants in Natura 2000 areas) and the EIA Directive, Habitats Directive, Water Framework operation of industrial installations. Directive, and the Industrial Emissions Directive .
Suggested action Suggested action
• Improving the administrative capacity and the • Romania should further enforce coordinated coordination of the agencies involved in implementation, in particular with regard to water and implementation is urgently needed to reverse this waste management as well as to the quality of the trend and avoid hefty penalties in medium and long impact assessments.
term. This will also contribute towards addressing such
implementation gaps. Compliance assurance
• Romania should speed up the implementation of the strategy for strengthening public administration, within EU law generally and specific provisions on inspections, which environment should be given due attention. other checks, penalties and environmental liability help
lay the basis for the systems Member States need to
Coordination and integration have in place to secure compliance with EU
There is a need to enforce coordinated implementation. environmental rules.
For example, water supply is frequently given higher Public authorities help ensure accountability of dutypriority than sanitation. However, households can only holders by monitoring and promoting compliance and by be connected to the water supply network if they are already hooked up to a sewerage disposal system. These 106
discrepancies often lead to illegal household connections, Article 11 of the TFEU provides that "Environmental protection requirements must be integrated into the definition and
in addition to which the lack of sewage disposal places implementation of the Union's policies and activities, in particular
intense stress on groundwater and surface water. 105 with a view to promoting sustainable development." 107
RPA, 2015. Study on the potential of impact assessments to support
In the area of waste services, the introduction of environmental goals in the context of the European Semester , Study
contracts at county level would allow better planning of for the European Commission 108 European Commission, 2016. Commission notice — Commission
guidance document on streamlining environmental assessments conducted under Article 2(3) of the Environmental Impact
104 World Bank, Worldwide Governance Indicators 2015 Assessment Directive (D irective 2011/92/EU of the European
105 UNECE, 2012. Environmental Performance Reviews - Romania Parliament and of the Council, as amended by Directive 2014/52 i/EU).
Romania 27
taking credible follow-up action (i.e. enforcement) when liability (ELD) 114 provides a means of ensuring that the
breaches occur or liabilities arise. Compliance monitoring "polluter-pays principle" is applied when there are can be done both on the initiative of authorities accidents and incidents that harm the environment. themselves and in response to citizen complaints. It can There is also publically available information giving involve using various kinds of checks, including insights into existing strengths and weaknesses in each inspections for permitted activities, surveillance for Member State. possible illegal activities, investigations for crimes and
audits for systemic weaknesses. Similarly, there is a range For each Member State, the following were therefore of means to promote compliance, including awarenessreviewed: use of risk-based compliance assurance; raising campaigns and use of guidance documents and coordination and co-operation between authorities and online information tools. Follow-up to breaches and participation in pan-European networks; and key aspects liabilities can include administrative action (e.g. of implementation of the ELD based on the Commission's withdrawal of a permit), use of criminal law 109 and action recently published implementation report and REFIT under liability law (e.g. required remediation after evaluation
115 .
damage from an accident using liability rules) and contractual law (e.g. measures to require compliance Romania has taken some significant steps to underpin with nature conservation contracts). Taken together, all risk-based compliance assurance: of these interventions represent "compliance assurance"
as shown in Figure 14. − The main pillar, the National Environmental Guard
(NEG) has ISO 9001 and ISO 14001 certification.
Figure 14: Environmental compliance assurance − NEG has established a risk-based approach to
environmental inspections 116 .
The NEG coordinates a network of environmental volunteers (Environmental Volunteer Corps) which consists of about 1000 registered volunteers and is an innovative tool for citizens' involvement in compliance assurance work. The main functions of the Corps relate to notification of identified breaches of environmental law to the competent authorities, awareness raising, participation in compliance assurance activities carriedout by the NEG and provision of specific technical expertise.
Best practice has moved towards a risk-based approach Up-to-date information would is lacking in relation to the at strategic and operational levels in which the best mix following:
of compliance monitoring, promotion and enforcement is
directed at the most serious problems. Best practice also − data collection arrangements to track the use and recognises the need for coordination and cooperation effectiveness of different compliance assurance between different authorities to ensure consistency, interventions; avoid duplication of work and reduce administrative − the extent to which risk-based methods are used to burden. Active participation in established pan-European direct compliance assurance both at the strategic networks of inspectors, police, prosecutors and judges, level and in specific problem-areas highlighted such as IMPEL 110 , EUFJE 111 , ENPE 112 and EnviCrimeNet 113 , elsewhere in this Country Report, i.e. non-compliant is a valuable tool for sharing experience and good landfills, the threats to protected habitat types and
practices. species, poor air quality, poor drinking water and the pressures on water quality from diffuse water
Currently, there exist a number of sectoral obligations on
inspections and the EU directive on environmental 114 European Union, Environmental Liability Directive 2004/35/CE
115 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This highlighted the need for better evidence on how the directive is used
109 European Union, Environmental Crime Directive 2008/99/EC in practice; for tools to support its implementation, such as guidance,
110 European Union Network for the Implementation and Enforcement training and ELD registers; and for financial security to be available in of Environmental Law case events or incidents generate remediation costs.
111 European Union Forum of judges for the environment 116 However, IMPEL has observed that the risk criteria used have a
112 The European Network of Prosecutors for the Environment generic character and do not sufficiently consider local and regional
113 EnviCrimeNet contexts, see IMPEL IRI Romania Report , 2014, p. 42
Romania 28
pollution and inadequate waste-water treatment; the best possible basis. The Commission intends to − tools for ensuring cooperation and coordination examine compliance with mandatory public participation
between NEG and other relevant authorities, such as requirements more systematically at a later stage. memoranda of understanding and protocols, are in
place. However, evidence indicates that the Access to justice in environmental matters is a set of potential for data collection and sharing and joint guarantees that allows citizens and their associations to compliance monitoring and enforcement actions is challenge acts or omissions of the public administration not sufficiently used 117 . Romania is very active within before a court. It is a tool for decentralised IMPEL. It was the first Member State to have been implementation of EU environmental law.
the host of two Impel Review Initiative (IRI) projects For each Member State, two crucial elements for
and it has hosted the first IMPEL IRI on nature effective access to justice have been systematically
protection inspections. reviewed: the legal standing for the public, including
For the period 2007-2013, Romania reported four cases NGOs and the extent to which prohibitive costs represent
of environmental damage handled under the a barrier.
Environmental Liability Directive. Romania shows an
interest in implementing the Directive effectively, as The Romanian legal review system, including court demonstrated by a pioneering role in setting up a actions in environmental matters, is clear and training programme. However, more support measures predictable. The legislation grants broad standing to are needed. There is no mandatory financial security (to individuals and groups, including NGOs, by requiring only pay for remediation where an operator cannot) and there a legitimate public interest in order to take an
is insufficient insurance on offer. environmental case to the court. However, one shortcoming seems to be the lack of timely judicial
Suggested action proceedings, an issue which concerns, however, all areas
• Improve transparency on the organisation and of law. This problem could only be tackled with a general
functioning of compliance assurance and on how reform of the judicial system, making it in particular more efficient. However, the costs of judicial proceedings are
significant risks are addressed, as outlined above. considered as prohibitively high. In Romania no legal aid
• Encourage greater participation of competent is available for environmental cases 118 .
authorities in the activities of ENPE, EUFJE and
EnviCrimeNet. Suggested action
• Step up efforts in the implementation of the • Take the necessary measures to ensure that the costs
Environmental Liability Directive (ELD) with proactive
initiatives, in particular by setting up a national register of legal challenges involving EU environmental law are of ELD incidents and drafting national guidance. It not prohibitively expensive, and in line with the should moreover take further steps to ensure an requirements of EU law as well as the Aarhus effective system of financial security for environmental Convention.
liabilities (so that operators not only have insurance
cover available to them but actually take it up). Access to information, knowledge and evidence
Public participation and access to justice The Aarhus Convention and related EU legislation on access to information and the sharing of spatial data
The Aarhus Convention, related EU legislation on public require that the public has access to clear information on participation and environmental impact assessment, and the environment, including on how Union environmental the case-law of the Court of Justice require that citizens law is being implemented.
and their associations should be able to participate in
decision-making on projects and plans and should enjoy It is of crucial importance to public authorities, the public and business that environmental information is shared in
effective environmental access to justice. an efficient and effective way. This covers reporting by
Citizens can more effectively protect the environment if businesses and public authorities and active they can rely on the three "pillars" of the Convention on dissemination to the public, increasingly through Access to Information, Public Participation in Decisionelectronic means.
making and Access to Justice in Environmental Matters
("the Aarhus Convention"). Public participation in the The Aarhus Convention
119 , the Access to Environmental
administrative decision making process is an important
element to ensure that the authority takes its decision on 118 See study on access to justice in environmental matters 2012/2013
119 UNECE, 1998. Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in
117 IMPEL IRI Romania Report , 2014, p. 17 and 41. Environmental Matters
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Information Directive 120 and the INSPIRE Directive 121 environmental law.
together create a legal foundation for the sharing of
environmental information between public authorities Suggested action
and with the public. They also represent the green part of • Critically review the effectiveness of its data policies
the ongoing EU e-Government Action Plan 122 . The first and amend them, taking 'best practices' into
two instruments create obligations to provide consideration. information to the public, both on request and actively. • Identify and document all spatial data sets required for The INSPIRE Directive is a pioneering instrument for the implementation of environmental law, and make electronic data-sharing between public authorities who the data and documentation at least accessible 'as is' can vary in their data-sharing policies, e.g. on whether to other public authorities and the public through the access to data is for free. The INSPIRE Directive sets up a digital services foreseen in the INSPIRE Directive.
geoportal which indicates the level of shared spatial data in each Member State – i.e. data related to specific locations, such as air quality monitoring data. Amongst other benefits it facilitates the public authorities' reporting obligations.
For each Member State, the accessibility of environmental data (based on what the INSPIRE Directive envisages) as well as data-sharing policies ('open data') have been systematically reviewed.
Romania's performance on the implementation of the
INSPIRE Directive as enabling framework to actively disseminate environmental information to the public leaves room for improvement. Romania has indicated in
the 3-yearly INSPIRE implementation report 123 that the
necessary data-sharing policies allowing access and use of spatial data by national administrations, other
Member States' administrations and EU institutions without procedural obstacles are available but not yet fully implemented. Romanian public authorities are obliged to share spatial data free of charge between public administrations. Lack of resources, knowledge and collaboration has delayed the implementation. A recent update of the legal framework for the National
Infrastructure for Spatial Information, backed-up by the necessary funding for implementation should address the existing bottlenecks and implementation gaps.
Assessments of monitoring reports 124 issued by Romania
and the spatial information that Romania has published
on the INSPIRE geoportal 125 indicate that not all spatial
information needed for the evaluation and implementation of EU environmental law has been made available or is accessible. The larger part of this missing spatial information consists of the environmental data required to be made available under the existing reporting and monitoring regulations of EU
120 European Union, Directive 2003/4/EC on public access to
121 http://inspire.ec.europa.eu
122 European Union, EU eGovernment Action Plan 2016-2020 -
Accelerating the digital transformation of government COM(2016) 179 final
123 European Commission, INSPIRE reports