Machine Translated by Google DECISION no. 1,213 of September 6, 2006 regarding establishing the framework procedure for environmental impact assessment for certain public and private projects ISSUER • THE GOVERNMENT Published in the OFFICIAL MONITOR no. 802 of September 25, 2006 Considering the provisions of the Convention on access to information, public participation in decision-making and access to justice in environmental matters, signed in Aarhus on June 25, 1998, ratified by Law no. 86/2000, pursuant to art. 108 of the Constitution of Romania, republished, and of art. 11 paragraph (3) from Government Emergency Ordinance no. 195/2005 on environmental protection, approved with amendments and additions by Law no. 265/2006, the Government of Romania adopts this decision . Article 1(1) This decision establishes the framework procedure for environmental impact assessment for public and private projects that may have significant effects on the environment. (2) Environmental impact assessment is an integral part from the procedure for issuing/ rejecting the environmental agreement. (3) The competent authorities for applying the provisions of this decision are, as the case may be, the central public authority for environmental protection, the National Agency for Environmental Protection, regional and local agencies for environmental protection. Article 2( 1) For the purposes of this decision, the terms and expressions below have the following meanings: a) environmental agreement - technical-legal act establishing the conditions for the realization of the project, from the point of view of the impact on the environment; the environmental agreement represents the decision of the competent authority for environmental protection, which gives the project owner the right to carry out the project from the point of view of environmental protection; b) injured right - any fundamental right provided by the Constitution or the law, which is affected by - an administrative act; c) environmental impact assessment - the process designed to identify, describe and establish, depending on each case and in accordance with the legislation in force, the direct and indirect, synergistic, cumulative, main and secondary effects of a project on human health and the environment, completed by the environmental impact assessment report; d) legitimate private interest - the possibility to demand a certain conduct, in consideration of the realization of a future and foreseeable subjective right; e) legitimate public interest - the possibility to claims a certain conduct, in consideration of the realization of a fundamental right that is exercised i n collectively or, as the case may be, in consideration of the defense of a public interest; f) the environmental impact assessment procedure - going through the stages aimed at establishing the need for a project to be subjected to an environmental impact assessment, environmental impact assessment, consultation with the public and the authorities public bodies with responsibilities in the field of environmental protection, taking into account the environmental impact assessment report and the results of these consultations in the decision-making process and ensuring information on the decision taken; g) project - the execution of construction works or other installations or improvements, other interventions on the natural environment and the landscape, including those involving the extraction of mineral resources; h) public - one or more natural or legal persons and, in Machine Translated by Google compliance with legislation or with national practice, their associations, organizations or groups; i) interested public - the public affected or likely to be affected or who has an interest in the environmental decision-making process; non-governmental organizations that promote environmental protection and meet the conditions required by the legislation in force are part of the interested public; j) the project owner - the applicant for the environmental agreement for a private project or the public authority that initiates a project. (2) The definitions provided in para. (1) lit. b), d) and e) are interpreted in the sense of granting wide access to justice to the interested public. (3) The provisions of para. (1) lit. h) applies to natural persons, regardless of citizenship, nationality or domicile, and in the case of legal entities, regardless of the place where they are registered or where the effective center of their activity is located. Article 3(1) Projects that may have significant effects on the environment due to, among other things, their nature, size or location are the subject of environmental impact assessment before issuing the environmental consent. These projects are provided for in art. 8 and 9. (2) The assessment of the impact on the environment identifies, describes and evaluates, appropriately and for each individual case, in accordance with the provisions of this decision, the direct and indirect effects of the project on the following factors: a) human beings, fauna and flora; b) soil, water, air, climate and landscape; c) material goods and cultural heritage; d) the interaction between the factors mentioned in letter a), b) and c).(3) The environmental impact assessment for projects that fall under the legislation on the prevention and integrated control of pollution includes the specific requirements of that legislation. , where possible, to compensate for the adverse significant effects of the project on the factors provided for in paragraph. (2) and contributes to making the decision to issue/reject the environmental agreement. (5) The environmental impact assessment is carried out during the preparation phase of the project feasibility study. Article 4(1) The environmental impact assessment procedure is carried out in stages, as follows: a) the stage of framing the project in the environmental impact assessment procedure; b) the stage of defining the scope of the assessment and creating the environmental impact assessment report; c) the stage of analyzing the quality of the report environmental impact assessment. (2) The environmental impact assessment procedure begins with the submission of the request to issue the environmental agreement in the pre- feasibility study phase of the project . Article 5(1) The environmental impact assessment procedure is conducted by the authorities competent for environmental protection, with the participation of central or local public authorities, as the case may be, which have specific powers and responsibilities in the field of environmental protection.(2) The participation of the authorities provided for in para. (1) is carried out within a technical analysis group established at the central level by order of the head of the central public authority for environmental protection, at the level of each county, of the municipality of Bucharest, by order issued by the prefect, according to the legislation in force regarding the prefect and the institution the prefect, and at the level of the "Danube Delta" Biosphere Reserve Administration, by order issued by the prefect of Tulcea county. (3) The authorities provided for in para. (1) express points of view within the technical analysis team regarding the information presented by the project owner in the stages of the Machine Translated by Google assessment of the impact on the environment. (4) In order to apply the provisions of this decision, the competent authorities for environmental protection ensure the transmission of relevant information to the authorities provided for in paragraph (1) and the organization of the meetings of the technical analysis team . Article 6 The competent authorities for environmental protection charge fees in the amount of 100 lei when issuing the environmental agreement. Article 7(1) The provisions of this decision do not apply to: a) projects intended for national defense, if the central public authority for environmental protection establishes, through a case-by-case analysis, that the application of the environmental impact assessment procedure may negatively affect the national defense; b) projects whose details are adopted by a specific normative act, if the requirements of this decision , including those related to the provision of information, are fulfilled during the respective legislative process. (2) In exceptional cases, the central public authority for environmental protection may exempt, in whole or in part, a certain project from the environmental impact assessment procedure provided in annex no. 1 or 2. In this case, the central public authority for environmental protection has the following obligations: a) to determine whether another form of evaluation is necessary; b) to make available to the interested public the information acquired as a result of the application of the evaluation method provided for in LIT a), as well as information regarding the exemption decision and the reasons for granting it; c) to inform the European Commission, before taking the decision to issue/reject the environmental agreement, about the reasons that substantiate the granting of the exception and to transmit to it the information made available to the public , according to the legislation in force regarding access to environmental information. (3) The exemption decision is communicated to the project owner, prior to informing the European Commission according to the provisions of para. (2) lit. c).(4) The provisions of para. (2) and (3) are applied, as the case may be, in compliance with the procedure provided for in art. 17. Article 8(1) The competent authorities for environmental protection analyze the public or private projects subject to the environmental impact assessment procedure according to the provisions of this decision. (2) The public or private projects provided in annex no. 1, as well as any projects proposed to be carried out on a site located in hydrogeological protection perimeters provided by the legislation regarding the nature and size of sanitary and hydrogeological protection zones are subject to environmental impact assessment. (3) Public or private projects for which it must be established the need to carry out the assessment of the impact on the environment are those: a) provided in annex no. 2; b) carried out within a protected natural area, indirectly related to it or necessary for the management of the protected natural area which, either individually or together with other projects, may have significant effects on the protected natural area, considering the conservation objectives of to it, as provided in the legislation regarding the regime of natural protected areas, the conservation of natural habitats, flora and fauna. (4) By way of exception to the provisions of para. (3) lit. a), all projects provided in annex no. 2 that are to be carried out in the coastal area are subject to environmental impact assessment . Article 9(1) The projects provided for in art. 8 para. (3) submit to the stage of inclusion in the environmental impact assessment procedure. This stage is carried out with the consultation of the authorities from the technical analysis team provided for in art. 5 para. (2).(2) The competent authority for environmental protection decides on Machine Translated by Google the need to carry out the assessment of the impact on the environment by examining, case by case, any project provided for in art. 8 para. (3), using the criteria provided in annex no. 3 and, as the case may be, certain threshold values. (3) The competent authority for environmental protection informs and makes available to the public the decision of the framing stage . Article 10(1) Analysis of projects according to the provisions of art. 9 is carried out by the competent authorities for environmental protection, taking into account the information provided in the request for issuing the environmental agreement, submitted by the holder. (2) The request includes at least: a) the description and characteristics of the proposed site; b) the description and the characteristics of the project and of the activities to be carried out: size, technologies and materials proposed to be used and the use of natural resources; c) description of the activities specific to the period of realization of the project; d) summary description of the potential impact of the project on the environment . Article 11 (1) After establishing the obligation of environmental impact assessment for a project, the stage of defining the field of environmental impact assessment is carried out. For this purpose, the competent authority for environmental protection prepares and transmits to the project owner a guideline regarding the environmental issues that must be dealt with in the environmental impact assessment report and their level of detail. (2) In order to develop the guideline provided for in paragraph (1), the competent authority for environmental protection: a) analyzes the project presentation memorandum submitted by the owner detailing the information presented in the request; b) consults the project owner, the interested public and the other public authorities involved in the environmental impact assessment procedure for the respective project. (3) The guide is made available to the interested public, for information. (4) The guide sent to the project owner does not exclude the possibility of the competent authority for environmental protection requesting additional information. Article 12(1) For all projects subject to the assessment of the impact on the environment, their owners have the obligation to provide in the report of the assessment of the impact on the environment the information provided in annex no. 4.(2) Public authorities, especially those provided for in art. 5 para. (1), who have relevant information for the assessment of the direct and indirect effects of the project, have the obligation to make this information available to the project owner. (3) The competent authorities for environmental protection check whether the project owner has provided, in an appropriate form, the information provided in annex no. 4.(4) In fulfilling the duties provided for in para. (3), the competent authorities for environmental protection take into account the following aspects: a) information relevant to the respective stage of the environmental impact assessment procedure, the specific characteristics of the project or the type of project, as well as the environmental elements that can be requested and provided be affected; b) to request the information that the project owner can provide considering, among other things, the current level of knowledge and evaluation methods. Article 13 The information provided by the project owner, according to the provisions of art. 12 para. (1), include at least the following: a) description of the project, including data related to the location, proposed technical solutions and the size of the project; b) description of the measures envisaged to avoid, reduce and, if possible, remedy the adverse effects on the environment; c) the data necessary for identification and evaluation Machine Translated by Google the main effects that the project may have on the environment; d) the general presentation of the main alternatives studied by the project owner, indicating the reasons for his choice, considering the effects on the environment; e) a non-technical summary of the information provided at LIT a)- d). Article 14(1) The development of the environmental impact assessment report is carried out based on the guidelines provided for in art. 11 paragraph (1) by natural or legal persons, certified under the law, and independent of the project owner. (2) The environmental impact assessment report, the content of which complies with the provisions of art. 12 para. (1), it is submitted to the competent authority for environmental protection. (3) The environmental impact assessment report is subject to comments from the interested public, whose observations are taken into account in the analysis stage of the quality of the report. (4) The competent authority for environmental protection, together with the authorities participating in the technical analysis team, analyze the quality of the environmental impact assessment report and decide to accept or redo the report . Article 15(1) In the environmental impact assessment procedure, the competent authorities for environmental protection inform the public, in time and at the latest as soon as the information can be provided within a reasonable time, by means of a public announcement and by displaying on the own web page, the following aspects: a) any request for an environmental agreement; b) the fact that the project is the subject of an environmental impact assessment , indicating, as the case may be, that the project falls under the provisions or art. 17; c) the contact details of the competent authorities for issuing/rejecting the environmental agreement, of the authorities from which relevant information can be obtained, of the authorities where comments or questions can be submitted, as well as the deadline for their transmission; d) the type possible decisions or, if there is one, the draft of the respective decision; e) the fact that the information from the stage of defining the scope of the assessment and making the environmental impact assessment report is made available to the public; f) the place, schedule and means by which the relevant information is made available to the public; g) the methods of public participation, in accordance with art. 16 para. (2) lit. a) and b) of the environmental impact assessment report; b) the relevant reports and recommendations issued to the competent authority for environmental protection at the time of informing the interested public, according to the provisions of para. (1); c) other information than those provided for in para. (1), which are relevant for making the decision and which become available after the moment of informing the interested public in accordance with the provisions of para. (1), in compliance with the provisions of Government Decision no. 878/2005 regarding public access to information on the environment. Article 16(1) The interested public has the opportunity to participate effectively and in time in the environmental decision-making process, to document and submit comments and opinions to the competent authority for protection the environment, when all options are open and before taking the decision to issue/reject the environmental agreement. (2) Public information and participation in the environmental impact assessment procedure are coordinated by the competent authorities for protection Machine Translated by Google environment and include: a) the method of informing the public: through posters in a certain territorial area, publications in the central and/or local press, the organization of exhibitions with plans, sketches, tables, graphs, models related to the respective project and the like; b) the method of consulting the interested public through written information or public debates; c) appropriate time periods for the stages of the procedure, with the aim of ensuring sufficient time for informing the public and for the interested public to prepare and effectively participate in the process of environmental decision-making. Article 17(1) In the situation where a project may have a significant effect on the environment of another state or when another state that may be significantly affected requests information on the project, the central public authority for environmental protection transmits to the authority environmental centers in that state, as soon as possible and not later than when it is informed mat own public, at least the following information regarding the project: a) a description of the project together with any available information on its possible cross-border impact; b) information on the type of decision to be taken. (2) The central public authority for the protection the environment indicates the state provided for in paragraph (1) a sufficient time interval in which to state whether it wishes to participate in the environmental decision-making process. (3) If the state that received the information provided for in para. (1) communicates his intention to participate in the environmental decision-making process, the central public authority for environmental protection sends him the information about the project provided for in art. 15 para. (1) and those that are made available to the interested public, according to the provisions of art. 15 para. (2) lit. a) and b).(4) If Romania is a potentially affected state, the central public authority for environmental protection has the obligation: a) to make available to the authorities involved in the environmental decision-making process and the interested public, a reasonable term, the information provided in para. (1) and (3), received from the state of origin; b) to ensure the authorities involved in the environmental decision-making process and the interested public the possibility to forward to the central authority for environmental protection from the state of origin the opinions regarding the information provided in para. (1) and (3), within a reasonable period of time, before issuing the final decision. (5) The interested states shall initiate consultations regarding, among other things, the potential transboundary effects of the project and the measures envisaged to reduce or eliminate such effects and are agreed on a reasonable time interval regarding the duration of the consultations. (6) The Ministry of Foreign Affairs supports the actions of the central public authority for the protection of the environment provided for in para. (1)-(5), so that the interested public from the territory of the affected state can effectively participate in the environmental decision-making process, including in the case of projects with possible significant effects on the territory of Romania, initiated in other states . Article 18 The results of the consultations and the information obtained according to the provisions of art. 5, art. 11-13, art. 15-17 para. (1)-(3) and (5) are taken into account in the procedure for issuing/rejecting the environmental agreement for public or private projects that are the subject of this decision . Article 19(1) The competent authority for environmental protection, with the consultation of the collective of the technical analysis, takes the decision to issue/reject the environmental agreement based on the analysis of the environmental impact assessment report, the comments and Machine Translated by Google the opinions expressed by the interested public and other relevant information, as the case may be. (2) The environmental agreement for the projects that are subject to the legislation on integrated pollution prevention and control includes the requirements provided by that legislation . Article 20(1) The environmental agreement for the projects provided for in art. 8 para. (3) lit. b) is issued only if the project does not negatively affect the integrity of the respective protected natural area. (2) By way of exception to the provisions of para. (1), if the assessment of the impact on the environment reveals negative effects on the protected natural area and, in the absence of alternative solutions, the project must still be carried out due to imperative considerations of major public interest, including social or economic reasons, the public authority for environmental protection, the authority issues the environmental agreement only after establishing the compensatory measures necessary to protect the coherence of the national network of protected natural areas or the global one of the Natura 2000 network, in the case of sites of community interest. (3) In the event that the sites included in the network Natura 2000, identified according to the legislation in force, shelter a type of priority natural habitat and/or a priority species, the only considerations that can be invoked are those related to: a) public health or safety; b) certain beneficial consequences of major importance for environment; sauc) other imperative reasons of major public interest, on which the point of view of the European Commission was obtained. (4) The central public authority for environmental protection informs the European Commission about the compensatory measures adopted to protect the global coherence of the Natura 2000 network. Article 21 ( 1) The competent authorities for environmental protection make public the decision to issue/reject the environmental agreement and make the following information available to the public: a) the content of the decision, which includes all the conditions necessary to be met by the project owner; b) the main reasons and considerations on which base the issuing/rejecting decision, including information regarding the public participation process; c) description, as appropriate, of the main measures to avoid, reduce and, if possible, compensate for major adverse effects. (2) The central public authority for environmental protection informs any state that has been consulted according to the provisions of art. 17 para. (1)-(3) and (5) and transmits to them the information provided in para. (1).(3) In the event that Romania is a potentially affected state, the central public authority for environmental protection ensures that the information provided for in para. (1), received from the state of origin . Article 22(1) The provisions of this decision do not affect the obligation of the competent authorities for environmental protection to respect the restrictions imposed by the legislation in force in relation to commercial and industrial confidentiality, including intellectual property, and protecting the public interest. (2) In the case of application of art. 17, the transmission of information to other states and the receipt of information from other states are subject to the restrictions provided by the legislation in force of the state of origin . Article 23(1) Any person who is part of the interested public and who considers himself injured in a right of or in a legitimate interest can address the competent administrative court to challenge, from a procedural or substantive point of view, the acts, decisions or omissions of the public authority competent for environmental protection, which are the subject of public participation in the procedure Machine Translated by Google assessment of the impact on the environment, provided for by this decision, in compliance with the provisions of the Administrative Litigation Law no. 554/2004, as subsequently amended. (2) Acts or omissions of the competent public authority for environmental protection, which are the subject of public participation in the environmental impact assessment procedure, are challenged together with the decision of the framing stage or with the decision to issue/reject of the environmental agreement, as the case may be. (3) Any non-governmental organization that meets the requirements set out in art. 2 para. (1) lit. i), considering that they are injured in a right of theirs or in a legitimate interest. (4) The settlement of the request is made according to the provisions of Law no. 554/2004, with subsequent amendments. Article 24(1) Before addressing the competent administrative court, the persons provided for in art. 23 must request the issuing public authority, within 30 days from the date of bringing to the public's attention the decision of the framing stage or the decision to issue/reject the environmental agreement, the revocation, in whole or in part, of that decision. (2) The issuing public authority has the obligation to respond to the prior complaint provided for in paragraph (1) within 30 days from the date of its registration with that authority. (3) The prior administrative procedure provided for in para. (1) and (2) is free of charge and must be fair and correct. Article 25 The competent authorities for environmental protection have the obligation to include concrete information about the appeal procedure in the decision of the framing stage and in the decision to issue/reject the environmental agreement administrative and administrative litigation provided for in art. 23 and 24. Article 26(1) The owner of the project has the obligation to notify in writing the competent authority for environmental protection about any change in the data/ information that was the basis for making the decision of the framing stage or the decision of the stage of issuing/rejecting the agreement of the environment, as the case may be. (2) The competent authority for environmental protection determines, with the consultation of the technical analysis team, whether the modification or expansion brought to the project may have significant effects on the environment, according to the provisions of this decision, and informs the public accordingly. If so, the competent authority for environmental protection requests the elaboration or, as the case may be, the redoing of the assessment of the impact on the environment, with the appropriate application of the provisions of art. 11-25. (3) Following the application of the provisions of para. (2), the environmental agreement is revised accordingly. Article 27(1) It is forbidden to carry out the projects provided for in: a) art. without obtaining the environmental agreement. 8 para. (3), for which the need for environmental impact assessment was established; b) art. 8 para. (4); c) annex no. 1.(2) The owners of the projects have the obligation to comply with the conditions set forth in the environmental agreement. Article 28(1) The following facts constitute a contravention and are sanctioned as follows: a) violation of the obligation set forth in art. 26 para. (1) and in art. 27 para. (1), with a fine from 5,000 lei to 10,000 lei, for individuals, and from 30,000 lei to 60,000 lei, for legal entities; b) violation of the obligation provided for in art. 27 para. (2), with a fine from 3,000 lei to 6,000 lei, for individuals, and from 25,000 lei to 50,000 lei, for legal entities. (2) For the violation of the obligations provided by art. 27 also applies the complementary sanction of canceling the works and bringing the land to its original state. (3) Finding contraventions and Machine Translated by Google the application of the sanctions provided for in para. (1) and (2) are carried out by authorized personnel from the National Environmental Guard and the Administration of the "Danube Delta" Biosphere Reserve, according to the legal regulations in force. (4) The provisions relating to the contraventions provided for in para. (1) is supplemented with the provisions of Government Ordinance no. 2/2001 regarding the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002, with subsequent amendments and additions. (5) The violator can pay on the spot or within no more than 48 hours from the date of conclusion of the minutes or, as the case may be, from the date of its communication, half of the minimum fine provided for in the normative act, the ascertaining agent making mention of this possibility in the process - minutes of detection and sanctioning of the contravention . Article 29 The projects submitted to a competent authority for environmental protection in order to obtain the environmental agreement and subject to environmental impact assessment, before the entry into force of this decision, are subject to the environmental impact assessment procedure and for issuing the environmental agreement in force at the time of submitting the request . Article 30(1) The methodology for applying the framework procedure for assessing the impact on the environment, containing the competences, the duration of the procedural stages and provisions regarding information and public participation, is approved by order of the head of the central public authority them for the protection of the environment within 30 days from the date of entry into force of this decision. (2) Methodology for applying the provisions of art. 17 is approved by order of the head of the central public authority for environmental protection within 60 days from the date of entry into force of this decision . Article 31 Annexes no. 1-4 are an integral part of this decision . Article 32(1) The central public authority for environmental protection informs the European Commission about the application of this decision and about the criteria and/or threshold values adopted in order to apply the provisions of art. 9.(2) The central authority for environmental protection submits to the European Commission the national normative acts that ensure compliance with the provisions of Directive 85/337/EEC regarding the assessment of the effects of certain public or private projects on the environment, amended and supplemented by Directive 97/11/CE and by Directive 2003/35/CE. Article 33 This decision enters into force 60 days after its publication in the Official Gazette of Romania, Part I, except for the provisions of art. 7 para. (2) lit. c), art. 20 para. (3) lit. c) and para. (4) and of art. 32, which enters into force on the date of Romania's accession to the European Union. Article 34 In the situation where a normative act prior to this decision refers to Government Decision no. 918/2002 regarding the establishment of the framework procedure for assessing the impact on the environment and for the approval of the list of public or private projects subject to this procedure or generically to the procedure for assessing the impact on the environment, the reference will be considered made to the appropriate provisions of this decision . Article 35 (1) On the date of entry into force of this decision, Government Decision no. 918/2002 regarding the establishment of the framework procedure for assessing the impact on the environment and for the approval of the list of public or private projects subject to this procedure, published in the Official Gazette of Romania, Part I, no. 686 of September 17, 2002, with subsequent amendments. (2) Normative acts issued on the basis of Government Decision no. 918/2002, to the extent that no Machine Translated by Google contravene the provisions of this decision, remain in force until the date of their repeal. *This decision transposes the provisions of Council Directive 85/337/ EEC regarding the assessment of the effects of certain public and private projects on the environment, published in the Official Journal of the European Communities (JOCE) no. L 175 of July 5, 1985, amended and supplemented by the Directive , Council 97/11/CE (JOCE) published no. L 73 inof the March Official 14,Journal 1997, and of the Directive European2003/35/EC Communities on public participation with regard to the development of certain plans and programs in relation to the environment and the modification, with regard to public participation and access to justice, of the Council directives , published in the Journal Official of the European Union 85/337/CEE and 96/61/CE (OJEU) no. L 156 of June 25, 2003. PRIME MINISTER Countersigned: Minister of Environment and WaterCLINManagement, POPESCU TÿRICEANU Sulfina Barbu Minister of Economy and Trade, Codruÿ Ioan Sereÿ Minister of Public Health, Gheorghe Eugen Nicolaescup. The Minister of Administration and Internal Affairs, Paul Victor Dobre, Secretary of State, the Minister of Public Finance, Sebastian Teodor Gheorghe Vladescup. Minister of European Integration, Adrian Ciocanea, Secretary of State Bucharest, September 6, 2006. No. 1.213 . Annex 1 LIST of projects subject to environmental impact assessment 1. Agriculture: 1.1. installations for the intensive breeding of pigs, with a capacity at least equal to: a) 900 places for sows; b) 3,000 places for raising pigs larger than 30 kg; 1.2. installations for the intensive breeding of birds, with a capacity at least equal to: a) 85,000 places for raising meat birds; b) 60,000 places for egg-laying birds. 2. The extractive industry of oil, natural gas, coal and peat: 2.1. oil extraction, when the extracted quantity exceeds 500 t/day; 2.2. natural gas extraction, when the extracted quantity exceeds 500,000 m^3/day; 2.3. coal extraction in surface mining, when the area of the site exceeds 25 ha; 2.4. peat extraction, when the area of the site exceeds 150 ha.3. Energy industry: 3.1. thermal power plants and other combustion installations, including industrial installations for the production of electricity, thermal energy, steam or hot water, with a power of at least 300 MW; 3.2. nuclear power plants and other nuclear reactors, including their decommissioning or decommissioning, or reactors*1) (with the exception of research installations for the production and conversion of fissile and radioactive materials, whose maximum power does not exceed 1 kW continuous thermal power) ;3.3. installations for the reprocessing of irradiated nuclear fuel; 3.4. installations for: a) the production or enrichment of nuclear fuel; b) the processing of irradiated nuclear fuel or for the processing of waste with a high level of radioactivity; c) the final storage of irradiated nuclear fuel; d) the final storage of radioactive waste, exclusively; e) storage, planned for a period longer than 10 years, of irradiated nuclear fuel or radioactive waste, on a site different from the production site, exclusively; 3.5. the construction of overhead power lines, with a voltage of at least 220 kV and a length of at least 15 km._____________*1) Nuclear power plants and other nuclear reactors cease to be considered as such when all nuclear fuel and other contaminated elements radioactive were definitively removed from Machine Translated by Google the location of the installation.4. Production and processing of metals: 4.1. integrated installations for the production of primary cast iron and steel; 4.2. installations for obtaining raw non-ferrous metals from ores, concentrates or secondary materials through metallurgical, chemical or electrolytic processes.5. Mineral construction materials industry: 5.1. installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos: a) installations for asbestos-cement products, with an annual production of at least 20,000 t of finished product; b) installations for friction materials, with an annual production of at least 50 t finished product; c) installations for other uses of asbestos, with a consumption of at least 200 t annually; 5.2. quarries and surface mining, when the area of the site exceeds 25 ha.6. Chemical and petrochemical industry: 6.1. integrated chemical installations, such as installations for the production of substances on an industrial scale using chemical conversion processes, in which several adjacent technological units are functionally linked to each other and are used for: a) the production of basic organic chemicals; b) the production of basic inorganic chemicals; c) production of fertilizers based on phosphorus, nitrogen or potassium (simple or complex fertilizers); d) obtaining basic products for plant protection and biocides; e) obtaining basic pharmaceutical products using chemical or biological processes; 6.2. production of explosives; 6.3. crude oil refineries (except those that only produce lubricants from crude oil); 6.4. installations for the storage of oil, petrochemical or chemical products, with a capacity of at least 200,000 t; 6.5. installations for the gasification and liquefaction of at least 500 t of coal or bituminous shale per day; 6.6. pipelines for the transport of gas, oil or chemical substances, having a diameter greater than 800 mm and a length of at least 40 km.7. Wood and paper industry: 7.1. industrial installations for the production of pulp from timber or similar fibrous materials; 7.2. industrial installations for the production of paper and cardboard, with a production capacity greater than 200 t/ day.8. Infrastructure projects: 8.1. the construction of lines for long-distance railway traffic; 8.2. construction of airfields*1) equipped with at least one runway longer than 2,100 m; 8.3. construction of highways and express roads*2); 8.4. the construction of new roads with at least 4 lanes or the realignment and/or widening of an existing road with twice as few lanes up to 4 or more lanes, if these new roads or their realignment and/or their widened section is at least 10 km continuous length; 8.5. inland waterways and ports for inland river traffic, which allow the passage of vessels larger than 1,350 t; 8.6. commercial ports, loading and unloading quays connected to land and outer harbors (excluding ferry quays), which allow the entry of vessels of at least 1,350 t._____________*1) Aerodrome - airport that complies with the definition of the Chicago Convention (1944) regarding the establishment of the International Civil Aviation Organization (annex no. 14).*2) Express roads - roads that comply with the definition of the European Agreement on the main arteries of international traffic of November 15, 1975.9. Other types of projects: 9.1. underground water capture systems, where the annual volume of captured water is at least 10 million m^3; 9.2. Sistema Machine Translated by Google artificial recharge of the aquifer, where the annual volume of recharged water is at least 10 million m^3; 9.3. water resources transfer works between hydrographic basins, executed in order to prevent water deficit, for an annual volume of transferred water of at least 100 million m^3/year; the transfer of potable water through pipelines is excluded; 9.4. water resource transfer works between hydrographic basins, for a multiannual average flow of the catchment basin of at least 2,000 million m^3/year and for a quantity of water transferred of at least 5% of this flow; the transfer of potable water through pipelines is excluded; 9.5. dams and other installations designed to retain or store water permanently, with an additional nine times capacity of retained or stored water of at least 10 million m^3; 9.6. wastewater treatment stations of at least 150,000 population equivalents*3); 9.7. warehouses for hazardous waste or installations for disposal of waste by incineration or chemical treatment, operation defined in annex no. IIA point 9 of the Government Emergency Ordinance no. 78/2000 regarding the waste regime, approved with amendments and additions by Law no. 426/2001, with subsequent amendments; 9.8. installations with a capacity greater than 100 t/day for the disposal of non-hazardous waste by incineration or chemical treatment, operation defined in annex no. IIA point 9 of the Government Emergency Ordinance no. 78/2000, approved with amendments and additions by Law no. 426/2001, with subsequent amendments;_____________*3) Resident equivalents express the pollutant loading of wastewater, according to the definition in Government Decision no. 188/2002 for the approval of some rules regarding the conditions for discharging waste water into the aquatic environment, with subsequent amendments and additions. 10. any modification or expansion of the projects listed in this annex, if such a modification or expansion itself meets the threshold values established, as the case may be, in this annex . Annex 2 LIST of projects for which the need to carry out an environmental impact assessment must be determined1. Agriculture, forestry and aquaculture: a) projects for the restructuring of agricultural holdings; b) projects for the use of uncultivated land or partially anthropized surfaces for intensive agricultural purposes; c) water management projects for agriculture, including irrigation and drainage projects; d) the afforestation of land on which there was no forest vegetation or deforestation for the purpose of changing the land use category; e) installations for the intensive growth of septel, other than those included in annex no. 1; f) fish farms for intensive fish farming; g) recovery/ improvement of non-agricultural land, including sea land. 2. Extractive industry: a) quarries, surface mining and peat extraction, other than those included in annex no. 1; b) underground mining operations; c) mineral extraction by fluvial or marine dredging; d) deep drilling, in particular: (i) geothermal drilling; (ii) drilling for nuclear waste storage; (iii) drilling for water supply , with the exception of drilling for the investigation of soil stability; e) surface industrial installations for the extraction of coal, oil, natural gas and ores, as well as bituminous shales. 3. Energy industry: a) industrial installations for the production of electricity, heat and technological steam, other than those included in annex no. 1;b) industrial installations for gas transport, Machine Translated by Google steam and hot water; the transport of electricity through overhead cables, other than those included in annex no. 1; c) surface storage of natural gas; d) underground storage of combustible gases; e) surface storage of fossil fuels; f) industrial briquetting of coal and lignite; g) installations for the processing and storage of radioactive waste, other than those included in annex no. 1; h) installations for the production of hydroelectric energy; i) installations with which wind power plants are equipped for the purpose of energy production. 4. Production and processing of metals: a) installations for the production of cast iron or steel by primary or secondary fusion, including continuous casting; b) installations for the processing of ferrous metals: (i) hot rolling mills; (ii) hammer forges; (iii) metal coatings protection by melting; c) ferrous metal smelters; d) installations for forging, including the alloying of non-ferrous metals, with the exception of precious metals, or installations for the recovery of products (finishing, casting into molds, etc.); e) installations for the treatment of metal surfaces and plastic materials by chemical or electrolytic processes; f) manufacture and assembly of motor vehicles and manufacture of motor vehicles; g) shipyards; h) installations for the construction and repair of aircraft; i) manufacture of railway equipment; j) hot blast forging ;k) installations for baking and sintering metal ores.5. Mineral industry: a) coke ovens (dry distillation of coal); b) installations for the manufacture of cement; c) installations for the production of asbestos and the manufacture of asbestos products, other than those included in annex no. 1; d) installations for the manufacture of glass, including glass fibers; e) installations for the melting of mineral substances, including the production of mineral fibers; f) the manufacture of ceramic products by firing, especially tiles, bricks, refractory bricks, tiles, ceramic tiles or porcelain.6. Chemical industry: a) treatment of intermediate products and production of chemical substances, other than those included in annex no. 1;b) the production of pesticides and pharmaceutical products, paints and varnishes, elastomers and peroxides, other than those included in annex no. 1; c) storage facilities for petroleum, petrochemical and chemical products, other than those included in annex no. 1.7. Food industry: a) manufacture of vegetable and animal oils and fats; b) packaging and preservation of animal and vegetable products; c) manufacture of dairy products; d) manufacture of malt and alcoholic beverages; e) manufacture of confectionery products and syrup; f ) slaughterhouses; g) industrial installations for the manufacture of starch; h) flour and fish oil factories; i) sugar factories. 8. The textile, leather, wood and paper industry: a) industrial installations for the production of paper and cardboard, other than those included in annex no. 1; b) installations for pretreatment (operations such as washing, bleaching, mercerization) or dyeing of fibers or textiles; c) installations for tanning/ curing hides and furs; d) installations for the production and processing of cellulose.9. Rubber industry:- manufacturing and treatment of products based on elastomers. 10. Infrastructure projects: a) projects for the development of industrial units; b) urban development projects, including the construction of commercial centers and car parks; c) the construction of railways, other than those included in annex no. 1, of intermodal transshipment facilities and intermodal terminals; d) construction of airfields, other than those included in annex no. 1;e) construction Machine Translated by Google roads, ports and port facilities, including fishing ports, other than those included in annex no. 1;f) the construction of inland waterways, other than those included in annex no. 1, sewerage works and anti-flooding works; g) dams and other installations designed for long-term retention or storage of water, other than those included in annex no. 1; h) tram lines, underground and surface railways, suspended lines or similar specific lines, used exclusively or mainly for the transport of people; i) pipeline installations for gas and oil, other than those included in annex no. 1; j) installations of long aqueducts; k) works to combat coastal erosion and maritime works that can change the coastal profile through the construction, for example, of dikes, quays, pontoons, jetties or other marine defense works, exclusive of maintenance and the reconstruction of such works;l) underground water extraction and artificial recharge of underground water reserves, other than those included in annex no. 1;m) works for the transfer of water resources between hydrographic basins, other than those included in annex no. 1.11. Other projects: a) permanent race tracks and testing of motor vehicles; b) waste disposal facilities, other than those included in annex no. 1;c) wastewater treatment stations, other than those included in annex no. 1; d) sites for the storage of sludge from sewage treatment plants; e) warehouses for scrap metal, used vehicles, including vehicle waste; f) test benches for engines, turbines or reactors; g) installations for the manufacture of mineral fibers artificial; h) installations for the recovery or destruction of explosive substances; i) embalming centers. 12. Tourism and recreation: a) ski areas, ski lift installations, cable cars and related facilities; b) marine recreational facilities; c) holiday villages and hotel complexes outside urban areas and related facilities; d) permanent campsites and caravan sites; e) theme parks.13. a) Any changes or extensions, other than those provided for in point 10 of annex no. 1, of the projects provided in annex no. 1 or in this annex, already authorized, executed or in the process of being executed, which may have significant adverse effects on the environment b) The projects provided in annex no. 1, carried out exclusively or mainly for the development and testing of new methods or products and not to be used for a period longer than 2 years. Annex 3 SELECTION CRITERIA for establishing the need to carry out the environmental impact assessment1. Project characteristics When identifying project characteristics, the following aspects are taken into account: a) project size; b) cumulation with other projects; c) use of natural resources; d) waste production; e) pollutant emissions, including noise and other sources of discomfort; f ) the risk of accidents, taking into account in particular the substances and technologies used. 2. Location of projects The sensitivity of the environment in the geographical area possibly affected by the project is taken into account, taking into account in particular: 2.1. the existing use of the land; 2.2. relative abundance of natural resources in the area, their quality and regenerative capacity; 2.3. the absorption capacity of the environment, with particular attention to: a) wetlands; b) coastal areas; c) mountainous and forested areas; d) parks and nature reserves; e) classified areas or areas protected by the legislation in force, such as : fauna protection zones Machine Translated by Google fishponds, natural fishponds and arranged fishponds, etc.;f) special protection areas, especially those designated by the Government Emergency Ordinance no. 236/2000 regarding the regime of natural protected areas, conservation of natural habitats, flora and fauna, approved with amendments and additions by Law no. 462/2001, with subsequent amendments and additions, or the areas in which determinations are made for their inclusion in areas classified by the aforementioned emergency ordinance, the areas designated by Law no. 5/2000 regarding the approval of the National Territorial Development Plan - Section III - protected areas, protection areas established according to the provisions of the Water Law no. 107/1996, with subsequent amendments and additions; g) areas where the environmental quality standards established by the legislation have already been exceeded; h) densely populated areas; i) landscapes with historical, cultural and archaeological significance. 3. The characteristics of the potential impact The possible significant effects of the projects are taken into account, in relation to the criteria established in points 1 and 2, with special emphasis on: a) the extent of the impact: the geographical area and the number of people affected; b) the cross-border nature of the impact; c) the size and complexity of the impact; d) the probability of the impact; e) the duration, frequency and reversibility of the impact . Annex 4 INFORMATION Request of the project owner for projects subject to environmental impact assessment 1. Description of the project, including, in particular: a) description of the physical characteristics of the entire project and the requirements for the development and use of the land during the construction and operation phases; b) description of the main characteristics of the production processes, for example the nature and quantity of materials used c) estimation, by types and quantities, of expected waste and emissions (pollution in water, air and soil, noise, vibrations, light, heat, radiation, etc.) resulting from the operation of the proposed project; 2. the summary of the main alternatives studied by the holder and the indication of the main reasons for the final choice, taking into account the effects on the environment; 3. description of environmental aspects likely to be significantly affected by the proposed project, in particular population, fauna, flora, soil, water, air, climatic factors, material assets, including architectural and archaeological heritage, landscape and interconnections between the above factors ;4. description*1) of the possible significant effects of the proposed project on the environment, resulting from: a) the existence of the project; b) the use of natural resources; c) emissions of pollutants, noise and other sources of discomfort and waste disposal; and the owner's description of the forecasting methods used in the evaluation of environmental effects; 5. description of the measures expected to prevent, reduce and, where possible, compensate for any significant adverse effects on the environment; 6. a non-technical summary of the information provided in the previous points; 7. indicating the difficulties (technical deficiencies or lack of know-how) encountered by the project owner in presenting the requested information._____________*1) This description must cover the direct and indirect, secondary, cumulative, short, medium and long term, permanent and temporary, positive and negative effects of the project on the environment.-------