Organization and conduct of environmental protection inspections, technical rules applicable from March 20, 2022

Official newsletter of Legally Binding – law firm

In the Official Gazette no. 260 of March 17, 2022, the Order of the Minister of the Environment no. 586/2022, which replaces the Annex to the Order of the Minister of the Environment no. 464/2009 for the approval of the Technical Norms regarding the organization and conduct of control and inspection activities in the field of environmental protection, published in the Official Gazette of Romania, Part I, no. 311 of May 12, 2009, with subsequent amendments. The order entered into force within 3 days from the date of publication, namely on 20.03.2022

FROM MARCH 20, 2022


The Annex contains the technical rules regarding the organization and carrying out of the control and inspection activities of the Environmental Guard, in the field of environmental protection (shortly referred to as Rules). The Environmental Guard (GM) is the control body empowered to apply the Government’s policies in the matter of preventing, detecting and sanctioning the violation of the legal provisions regarding environmental protection.The rules refer, among other things, to the ways in which an environmental inspection can take place (announced, unannounced, cross-check) and, depending on the type of check, the working procedure of the GM inspection team. Investigations can be carried out on the ground or by analyzing the documents at the headquarters of the economic operator or of the GNM. Commissioners can request information and documents relevant to the investigation from the economic operator or the person concerned and/or other entities, in writing/e-mail/fax.The preparation of the inspection is the mandatory stage in the inspection activity, necessary to ensure the efficiency of the inspection and to achieve its purpose, which includes the elaboration of the inspection program and the analysis of the information held about the object to be inspected.The objective file includes, in copy, the following documents (as applicable): a) previously prepared inspection documents; b) regulatory acts issued for the controlled objective; c) the verbal processes of ascertainment and sanctioning, as the case may be; d) bulletins for analysis of the quality of environmental factors, reports to the regulatory authority; e) the results of the waste audit, the program to prevent and reduce the amount of waste generated from own activity or, as the case may be, from any kind of manufactured product, the measures that comply with a certain product design and the measures to reduce the dangerousness of waste, the list of waste, waste management record, waste transport register, non-hazardous waste loading / unloading forms, form for approval of hazardous waste shipments, hazardous waste shipment/transport form, declaration of chemical substances at ITM, SMID monitoring reports, plan of rental and post-rental monitoring of waste storage facilities, waste import/export notifications, as appropriate; f) the area plan (location of the objective) and the situation plan; g) other relevant documents regarding the objective.

Careful! The documents in the objective file are kept for a minimum period
10 years.

The announcement of the environmental inspection will be made in writing, in the case of announced controls, through a notification whose model is approved by internal procedure, signed by the head of the territorial structure of GNM, which will be communicated at least 48 hours before the date and time scheduled for the opening session. The notification is sent by post, fax or email.In the case of the participation of other authorities in the control actions, the collaboration, the exchange of information and other aspects related to the participation of several authorities will be carried out according to the legal competences and collaboration protocols/partnerships. The rules also impose compliance monitoring duties on the part of the investigated/controlled legal entity. Thus, the commissioner who applied the sanction must inform himself about the payment of the contravention fine applied and in the event that, at the level of the commissariat of which he is a part, a complaint was registered against the record of the establishment and sanctioning of the contravention drawn up. If the fine has not been paid within the legal term and the record of finding and sanctioning the contravention has not been appealed to the competent courts, the commissioner will send the record of finding and sanctioning the contravention to the specialized bodies of the administrative-territorial units or units subordinate to the Ministry of Finance Public – the National Agency for Fiscal Administration, in whose territorial radius the natural person violator resides or, as the case may be, the legal entity violator has its fiscal domicile. The deadline for sending the record of finding and sanctioning the contravention for enforcement is no more than 45 days from the date of its communication to the violator.The commissioner will request, through the act of control, the natural and legal persons controlled to report on the due date the measures imposed and the method of implementation. Notification proposals with a view to suspending the environmental agreement or integrated environmental authorization/authorization, as a result of the finding of non-compliance thereof, will be sent to the issuing authority within no more than 15 days after the finding of the fact. In the case of any type of control, it should be remembered that the control team is jointly and severally responsible for the way the inspections are carried out and the control documents are drawn up. The rules also provide that the National Register of controlled objects is established at the national level, as a database managed and periodically updated by the General Commissariat of the National Environmental Guard, (hereinafter referred to as the CG of the GNM), based on the county registers of controlled objects. The model and content of the county/national register of controlled objects is provided in annex no. 1 to the Norms. The rules contain 10 annexes, each of which represents a model form used in the control activities of the Environmental Guard. If you encounter difficulties in assessing the impact of the above-mentioned normative provisions on your activity, we are at your disposal for support and advice.Ms. lawyer Denisa Benga has a vast expertise of more than 12 years in the specialized field of waste management, a niche field, which has evolved significantly in recent years, with the expansion and tightening of the regulatory framework at European level, largely transposed and nationally. The complexity of the field of environmental protection, especially that of waste management (packaging, electrical and electronic equipment, batteries, textiles, landfills, collection, recycling and recovery processes, implementation of procedures at the level of local public authorities) and the constant innovation of companies for the identification of the most effective solutions to support the phased and ambitious implementation of the principles of the circular economy at the European level implicitly determines for them a permanent exposure to sanctioning risks, within the framework of their own strategic approaches to comply with environmental obligations, from which arise both implications of the nature administrative litigation, as well as of a fiscal nature – part of the environmental obligations generating significant sanctions, subject to a regulatory framework that follows the legal regime regulated by the Fiscal Procedure Code. Ms. Denisa Benga is recognized in the field of environmental consulting not only for the “out of the box” solutions offered to clients in complex situations, but also for the favorable solutions obtained in administrative and fiscal disputes with public environmental and fiscal authorities, which led to the modification environmental and fiscal practice and legislation and for the activity supported on the legislative level, regarding successful “ferendum law” approaches, in the sense of harmonizing the national legislative framework with the European one in the field of waste management.


0723 765 882

Dna. avocat Denisa Benga detine o expertiza vasta de mai bine de 12 ani in
domeniul specializat al gestionarii deșeurilor, un domeniu de nisa, care a
evoluat semnificativ in ultimii ani, odata cu extinderea si severizarea cadrului
normativ la nivel European, transpus in mare parte si la nivel national. Complexitatea domeniului protectiei mediului, cu precadere al celui privind gestionarea deseurilor (ambalaje, echipamante electrice si electronice, baterii, textile, depozite de deseuri, procese de colectare, reciclare si valorificare, implementareproceduri la nivel de autoritati publice locale) si permanenta inovare a companiilor pentru identificarea celor mai eficiente solutii care sa sprijine implementarea etapizata si ambitioasa aprincipiilor economiei circulare la nivel european determina implicit pentru acestea o permanenta expunere la riscuri sanctionatorii, in cadrul demersurilor strategice proprii de conformare cu obligatiilede mediu, din care decurg atat implicatii de natura contenciosului administrativ, cat si de natura fiscala- parte din obligatiile de mediu generand sanctiuni semnificative, supuse unui cadru de reglementare care urmeaza regimul juridic reglementat de Codul de procedura fiscala.
Dna Denisa Benga este recunoscuta in domeniul consultantei de mediu nu numai pentru solutiile „out of the box” oferite clientilor in situatii complexe, dar si pentru solutiile favorabile obtinute in litigiile administrative si fiscale cu autoritatile publice de mediu si fiscale, care au condus la modificarea practicii si legislatiei de mediu si fiscale si pentru activitatea sustinuta pe plan legislativ, privind demersuri de „lege ferenda” soldate cu succes, in sensul armonizarii cadrului legislativ national cu cel european in domeniul gestionarii deseurilor.

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