Emergency Ordinance no. 68 of 28 June 2007 on environmental liability with regard to the prevention and repair of environmental damage.

This Romanian Emergency Ordinance establishes the regulatory framework for environmental liability, based on the "polluter pays" principle, in order to prevent and repair the environmental damage. Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage is indicated as reference legislation.
This Ordinance shall apply to: a) the damage on the environment, caused by any type of professional activity provided in Annex no. 3 of this text, and any imminent threat of such harm caused by any of those activities; b) the damage to protected species and natural habitats and any imminent threat of such damage caused by any professional activity, other than those provided in the above mentioned Annex no. 3, whenever the operator acts intentionally or through fault. This Ordinance applies to environmental damage or an imminent threat of such damage, caused by diffuse pollution, only when a causal link can be established between the damage and the activities of individual operators. This Emergency Ordinance shall apply without prejudice to Community and national legislation which: a) regulates more severely the development of any activities that fall under the incidence of this Ordinance; b) provides rules in case of conflicts of jurisdiction. This text does not give natural or legal persons under private law the right to compensation as a consequence of the damage to the environment or the imminent threat of such damage. In these situations, the provisions of the common law shall apply. Article 4 lists those actions that are not considered under the terms of this Ordinance.
This text is divided into six main Chapters, as follows: Chapter I General provisions; Chapter II Preventive and reparative measures; Chapter III Bearing and recovering costs; Chapter IV Financial instruments and cooperation with the Member States of the European Union; Chapter V Sanctions; Chapter VI Transitional and final provisions. The Annex is also part of this publication (Annexes 1-6; containing criteria lists, lists with detailed obligations and related indications, and technical and reporting sheets/contents).