Relationship between World Bank and Romanian EA requirements Regional Safeguards Training Chisinau, Moldova October 28-31, 2008 Ruxandra Floroiu, Environmental Engineer, ECSSD

Romanian Environmental Legislation Revised in accordance with the EU legal system Provides laws on air, water and soil and related to these parts of environment (dangerous substances; flood management; forestry and biodiversity protection); The Environmental Protection Law and the Water Law govern the environmental legislation Ministry of Environment and Sustainable Development (MESD)– legal responsibility

Romanian Institutional Responsibility for Environmental Legislation Enforcement MESD Departments and Directions; National, Regional and Local EPA; National Environmental Guard (NGA); Other national agencies (e.g., “Romanian Waters”)

EA process in Romania Specific licensing and permitting procedures Environmental License to Construct (Environmental Agreement) Procedure includes several steps: Initial Project Screening EIA Report Preparation EIA Report Review (public consultation) Decision and Approval of the License Environmental Permit to Operate/ Environmental Audit

EA process in Romania (cont’d) Monitoring Aspects Compliance with meeting standards and permit requirements local EPA, National Environmental Guard, technical departments Non compliance done through warnings, administrative fees and possibly court action

Romanian EIA System versus Bank’s policy on EA – Equivalency aspects - Screening process is comprehensive and provides adequate procedural details (e.g., checklists) - Projects and activities are classified into categories RO: 3 project categories – (i) require full EIA; (ii) “unique agreement” and summary description of impact mitigation measures and control; and (iii) do not require an EIA WB: 3 project categories – “A”, “B” and “C” (also FI) - Environmental authorities review all category (i) and (ii) for potential impacts and determine the scope of EIA

Romanian EIA System versus Bank’s policy on EA – Equivalency aspects cont’d - Assessment of potential impacts related to proposed project; - Assessment of applicable legal and institutional framework; - Assessment of feasible investment, technical and sitting alternatives, including the “no action” , potential impacts, their mitigation costs, training and monitoring requirements

Romanian EIA System versus Bank’s policy on EA – Equivalency aspects cont’d Romanian standards on emissions, waste management, water wastewater discharge and air pollution are compatible with measures set forth in the Bank’s Pollution Prevention and Abatement Handbook (PPAH); Romanian system emphasize both positive and negative impacts with major focus on mitigation measures for addressing possible negative impacts BUT no specific requirements are given for EMP

Romanian EIA System versus Bank’s policy on EA – Equivalency aspects cont’d Public involvement is foreseen at screening, EIA review, and decision stage of the project BUT there is no provision for continuing consultation throughout high risks project implementation Certified expertise is required for EIA study preparation and review BUT no specific recommendation to use independent advisory panels during high risk project implementation

Romanian EIA System versus Bank’s policy on EA – Equivalency aspects cont’d Measures are provided to link the EA process and findings with economical, financial, social and technical analyses of the proposed project Disclosure of EIA documents and required consultation

Romanian EIA System versus Bank’s policy on EA – Acceptability aspects Acceptability - confirms the implementation practices, track record and institutional capacity in addressing environmental and social issues No gaps in system design and general implementation; Need to finalize staff increase More experience on new monitoring, inspection and compliance programs Limited track record of improved performance under a strengthening structure

Romanian EIA System versus Bank’s policy on EA – Acceptability aspects cont’d Proposed gaps measures: Prior review by the Bank of first EIA report and permits/license required by Romanian law; Review of relevant annexes of bid documents describing environmental mitigation and monitoring procedures to be carried out by works contractors