New environmental law amendments

√     Operation without permit may now represent a criminal offence
√     Administrative fines significantly increased

New amendments to the industrial emissions legislation have recently entered into force[1]. The amendments relate to the sanctioning regime for non-compliance under industrial emissions legislation, both by (1) classifying several infringements as criminal offences, as well as by (2) increasing the fines applicable for administrative offences, whose legal regime is now also more strictly regulated.

These amendments respond to the European Commission’s concern that the national legislation transposing the EU Directive 2010/75/EU on industrial emissions fails to provide for an effective and deterrent sanctioning regime.

Introduction of criminal offences for operation without permit

Criminal offence   Sanctions
    Natural persons Legal persons*
  • operating any waste combustion/ incineration/ co-incineration plant or installation without holding an (integrated) environmental permit, if it was likely to endanger human, animal or plant life/ health;
   Imprisonment between
6 months to 3 years or a criminal fine		 Criminal fine of up to RON 6,000,000
  • continuation of activity after the suspension of activity has been imposed as a complementary sanction;
   Imprisonment between
6 months to 3 years or a criminal fine		 Criminal fine of up to RON 6,000,000
  • operating any waste combustion/ incineration/ co-incineration plant or installation after bringing substantial modifications to them, holding an (integrated) environmental permit which does not (was not duly amended in order to) cover the operating conditions corresponding to such modifications, if it was likely to endanger human, animal or plant life/ health;
   Imprisonment between
3 months to 1 year or a criminal fine		 Criminal fine of up to RON 6,000,000

* In addition to criminal fines, ancillary sanctions may also be applied to legal persons, such as (1) suspension of activity, (2) prohibitions to participate to public tenders, (3) closure of working units of the legal person etc.

Increased fines for administrative offences

Administrative offence   New fine Previous fine
  • operation without an (integrated) environmental permit of any waste combustion/ incineration/ co-incineration plant or installation or failure to comply with the provisions of the permit
   RON 150,000 to
RON 500,000		 RON 50,000 to
RON 100,000
  • failure to comply with the provisions concerning, inter alia, the operation of incineration/ co-incineration plants and public reporting and information on such plants
   RON 80,000 to
RON 150,000		 RON 30,000 to
RON 60,000
  • failure to comply with the requirement that the waste incineration/ co-incineration plant must be operated and controlled by a natural person having the necessary training and competence
   RON 50,000 to
RON 80,000		 RON 15,000 to
RON 30,000
  • failure to comply with several obligations incumbent on the operator in its relation with the competent environmental protection authority
   RON 70,000 to
RON 120,000		 RON 25,000 to
RON 50,000
  • failure to observe the provisions on the burning of infectious waste derived from medical activities and other obligations of the waste incineration/ co-incineration plant operator regarding the delivery and reception of waste
   RON 60,000 to
RON 100,000		 RON 20,000 to
RON 40,000

By way of exemption from the default legal regime, as regards administrative sanctions under the industrial emissions law:

  • a three-year statute of limitations applies to (1) the application and (2) the enforcement of administrative sanctions instead of the previous six-months statute of limitation period;
  • warnings can no longer be imposed in lieu of an administrative fine;
  • the challenging of administrative sanctions in court no longer causes their enforcement to be suspended, however courts must rule on a challenge within a maximum of one (1) year since such challenge has been filed;
  • payment within 15 days of half of the minimum fine amount is no longer possible.

 

[1] Law 141/2023 amending and supplementing Law No 278/2013 on industrial emissions; published in the Official Gazette no. 461 of 26 May 2023.

 

*This ePublication is provided by Radu Taracila Padurari Retevoescu SCA and is for information purposes only. It does not constitute legal advice or an offer for legal services. The distribution of this document does not create an attorney−client relationship. If you require advice on any of the matters raised in this document, please call your usual contact at Radu Taracila Padurari Retevoescu SCA at +40 31 405 7777.

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