Emergency Ordinance no. 195 of 22 December 2005 on environmental protection.

This Romanian Emergency Ordinance represents a normative act, on the basis of which subsequent legislation in the field of environmental protection can be adopted. Environmental protection is here defined as an obligation and responsibility of the central and local public administration authorities, as well as of all natural and legal persons (article 6). The object of this Emergency Ordinance is a set of legal regulations on environmental protection, an objective of major public interest, based on the principles and strategic elements that lead to sustainable development. The environment represents a set of conditions and natural elements of the Earth: air, water, soil, subsoil, characteristic aspects of the landscape, all atmospheric layers, all organic and inorganic matter, as well as living beings, interacting natural systems, including the elements listed previously, including some material and spiritual values, quality of life and conditions that may influence human well-being and health.
This text is divided into sixteen main Chapters, as follows: Chapter I General principles and provisions; Chapter II Regulatory procedure; Chapter III Regime of dangerous substances and preparations; Chapter IV Waste regime; Chapter V Regime of chemical fertilizers and plant protection products; Chapter VI Regime of genetically modified organisms, obtained through modern biotechnology techniques; Chapter VII Regime of nuclear activities; Chapter VIII Conservation of biodiversity and protected natural areas; Chapter IX Protection of waters and aquatic ecosystems; Chapter X Atmospheric protection, climate change, environmental noise management, prevention and control of olfactory discomfort; Chapter XI Protection of soil, subsoil and terrestrial ecosystems; Chapter XII Protection of human settlements; Chapter XIII Regional Committee for Environmental Protection; Chapter XIV Duties and responsibilities; Chapter XV Sanctions; and Chapter XVI Transitional and final provisions.
The principles and strategic elements underlying this text are as follows: a) the principle of integrating environmental requirements into other sectoral policies; b) the precautionary principle in decision making; c) the principle of preventive action; d) the principle of withholding pollutants at source; e) the "polluter pays" principle; f) the principle of conservation of biodiversity and ecosystems specific to the natural biogeographical framework; g) sustainable use of natural resources; h) informing and participating the public in decision-making, as well as access to justice in environmental matters; i) development of international collaboration for environmental protection. The ways of implementing the principles and strategic elements are: a) integrated pollution prevention and control by using the eme available techniques for activities with a significant impact on the environment; b) adoption of development programmes, in compliance with requirements of environmental policy; c) correlation of land use planning and urban planning with environmental ones; d) conducting the environmental assessment before approving plans and programmes that may have a significant effect on environment; e) environmental impact assessment in the initial phase of projects with significant impact to the environment; f) introduction and use of incentive or coercive economic levers and instruments; g) solving, on competence levels, the environmental problems, depending on their magnitude; h) promoting normative acts harmonized with European and international regulations in the field; i) establishing and monitoring the implementation of compliance programmes; j) creation of the national integrated environmental quality monitoring system; k) recognition of products with low impact on the environment, by granting the ecological label; l) maintaining and improving the quality of the environment; m) rehabilitation of areas affected by pollution; n) encouraging the implementation of environmental management and audit systems; o) promoting fundamental and applied research in the field of environmental protection; p) educating and raising public awareness, as well as its participation in the process of drafting and implementing environmental decisions; q) development of the national network of protected areas for maintaining the favorable conservation status of natural habitats, species of flora and fauna as an integral part of the European ecological network-Natura 2000; r) application of systems to ensure the traceability and labelling of genetically modified organisms; s) priority removal of pollutants that directly and seriously endanger human health.
The Annex is also part of this publication (Annex 1: Criteria for establishing the character of significant effects of damage to protected species and natural habitats; Annex 2: Repairing the damage to the environment; Annex 3: Activities for which the responsibility is objective; Annex 4: International conventions governing the liability or compensation for transport incidents; Annex 5: International regulatory instruments for liability or compensation for nuclear incidents; Annex 6: Information and data to be reported to the European Commission).
The central public authority for environment develops the national policy and coordinates actions at the national and local level regarding the protection of the atmosphere, climate change, as well as the protection of the population against levels of exposure to ambient noise that may have negative effects on human health, in accordance with specific European and international policies. The central public authority for environment implements environmental protection policies, strategies and regulations through the National Environmental Protection Agency and district environmental protection agencies. Fines applied pursuant to a law, emergency ordinances, ordinances or decisions of the Government in the field of environmental protection and water management are brought to the state budget. In the situation where it is decided to revise the regulatory acts, the competent authority can request the restoration of the environmental report, the report on the impact on the environment or the environmental balance sheet, as the case may be. Authorization regarding greenhouse gas emissions shall be intended the administrative act issued by the National Environmental Protection Agency, which establishes the obligations regarding the monitoring and reporting of greenhouse gas emissions; it is also established the obligation to annually return to the accounts in the Unified Register of Greenhouse Gas Emissions a number of Greenhouse Gas Emission Certificates equal to the amount of greenhouse gas emissions, monitored and verified for the previous year.