TWReferenceNet Management and Sustainable Development of Protected Transitional Waters in Romania Marius NISTOR Nomos + Physis.

TWReferenceNet

Management and Sustainable Development of Protected

Transitional Waters in Romania

Marius NISTOR

Nomos + Physis

Transitional waters – the term is defined in Romanian legislation as “bodies of surface water in the vicinity of river mouths, which are partially saline as a result of their proximity to coastal waters, but which are strongly influenced by the fresh water courses” (according to Law 310/2004 amending Water Law 107/1996, and Government Emergency Ordinance 202/2002 on the integrated management of coastal areas)

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Elements of management of transitional waters are given in the Annexes to Water Law, in terms of classification, quality elements, monitoring requirements

Water and Nature Protection legislation does not provide for a specific protection legal regime of “transitional waters”

The management and sustainable development is mainly governed by the general rules for:

- the protection and use of surface waters- protected natural areas

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Legal framework

• Constitution (1991, revised in 2003)• Environmental Protection Act (2005)• Water Law (1996, amended in 2004)• GEO on Protected Natural Areas (2000, approved

by Law in 2001)• GEO on Management of Coastal Areas (2002,

approved by Law in 2003) • Land Use Planning and Urbanism Law (2001)

and subsequent legislation adopted for the implementation of these legal acts

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Constitutional provisions

• Right to a healthy and ecologically balanced environment; obligation of each natural/legal person to protect and improve the environment – art. 35

• Access to public information – art. 31• Access to justice – art. 21• State: responsible for protection and reconstruction

of environment, for preserving the ecological balance and for use of natural resources in accordance with the national interest – art. 135

• “Exclusive public property” includes the coastal beach strip and waters, and natural resources – art. 136;

• Direct application of international legal norms in the national legal order – art. 11 & 20

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Environmental Protection Act (GEO 195/2005)-1

Protection of waters and aquatic ecosystems:

• Regulatory regime – water management permits, included in the integrated environmental permit

• Institutional responsibilities – MEWM, National Administration “Romanian Waters”, health authorities

• Conservation, protection and improvement of the quality of coastal and sea waters – progressive reduction of discharges, emissions, leakage of priority hazardous substances in order to meet the quality objectives set in the Black Sea Convention (1991)

• Obligations for natural and legal persons

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Environmental Protection Act (GEO 195/2005)-2

Biodiversity conservation and protected natural areas

• Requirement for EIA in case of projects that may affect protected natural areas

• Obligation for land or aquatic surface holders within the protected natural areas to implement the measures set by the environmental authorities

• Exemption from land property tax if restrictions of use

• Establishment and management of Natura 2000 sites – National Agency for Protected Natural Areas and Biodiversity Conservation to be established by end of 2006

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Environmental Protection Act (GEO 195/2005)-3

Biodiversity conservation and protected natural areas

• Rules and Management plans for the protected natural areas

• Prohibition of certain activities within the territory or in the vicinity of protected natural areas (including superior GMO plants cultivation or testing)

• Protection of wild flora and fauna (CITES and non-CITES)

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Water Law (Law 107/1996, as amended by Law 310/2004)

(transposes the EU Water Framework Directive) - 1

• Conservation, protection and improvement of aquatic environment – sustainable use of water resources – vulnerability of aquatic ecosystems in Danube Delta and the Black Sea, influenced by the quality of internal waters that flow into

• Objectives for water and aquatic environment protection – with target dates (22 December 2015)

• River basin management, including the registry of protected areas by river basin

• Management of River basin – NA “Romanian Waters”, 11 Water Directorates: qualitative and quantitative management of water resources, exploitation of water management works, implementation of national policy, guideline schemes, programme of measures

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Water Law (Law 107/1996, as amended by Law 310/2004)

(transposes the EU Water Framework Directive) - 2

• Interministerial Waters Committee and other national consultative bodies

• River basin management plans, local schemes, Plans for restriction and use of waters

• Intervention scenarios in case of pollution; the “polluter pays” principle

• Integrated waters monitoring – transitional waters being one investigation area at the river basin level

• Quality elements for the classification of transitional waters ecological state: biological, hydromorphological, chemical and physical-chemical elements, general elements and specific pollutants

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Water Law (Law 107/1996, as amended by Law

310/2004)(transposes the EU Water Framework Directive) - 3

• Definition of Ecological quality of transitional waters – by quality elements (biological, physical-chemical and hydromorphological)

• Monitoring Frequency by quality element for transitional waters, with supplementary requirements for protected areas

• Systems A and B of transitional waters – for limits and characteristics, for determining the impact and pressure

• Protected areas include zones assigned for protection of economically valuable species, bathing water sites, vulnerable zones, habitat and species protection areas, including Natura 2000 sites

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Protected Natural Areas, Conservation of natural habitats, wild flora and fauna (GEO 236/2000, as approved by Law 462/2001) - 1• Transposed the EU “Habitats” and “Birds” Directives• Categories of protected natural areas:

– scientific reserves– national parks– natural reserves and natural parks– biosphere reserves– special conservation areas; areas of special avifauna

protection – wetlands of international importance

• Management plans – development and approval• Administration and custody of protected natural areas

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Protected Natural Areas, Conservation of natural habitats, wild flora and fauna (GEO 236/2000, as approved by Law 462/2001) - 2• Competent Authorities:

– Environmental Protection Authorities– Romanian Academy– “Man-Biosphere” National Committee

• Establishment of protected natural areas by– Law– Government Decision– Decision of the local administration authorities

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Integrated Management of Coastal Area (GEO 202/2002, as approved by Law No. 280/2003) -1

• General principle: public information and participation in decision-making

• Specific principle: sustainable use and management of coastal areas appropriate to the ecosystems fragility

• Integrated management requires establishment of parks and reserves, protection of wetlands and use of financial and economic mechanisms of administration (Environmental Fund)

• National Strategy and Action Plans• A central Coastal Area Integrated Management Plan,

detailed into local plans; land use and urbanism plans must comply with

• National Database for Coastal Area Environment

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Integrated Management of Coastal Area (GEO 202/2002, as approved by Law 280/2003) -2

• Restriction and prohibition of activities• Requirement for EIA• Competent bodies:

– Environmental protection authorities– NA “Romanian Waters”– Local public administration authorities– National Coastal Area Committee – Working Groups

• Parties to the Black Sea Convention adopted the Strategic Action Plan for Black Sea restoration and protection – amended in 2002

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Land Use Planning and Urbanism

• Law 350/2001 – development of a zone urbanism plan for protected natural areas, adapting the general plan to the specifics of a certain area in the locality

• The general urbanism plan must comprise rules applicable on the short-term regarding the establishment of protected natural areas

• Law 171/1997 – National Land Use Planning, section II “Water” – protection of water sources against depletion, pollution and degrading by sustainable use (setting out quantitative and qualitative protection rules) and integrating the actions in land use planning on the short, medium and long term

• Law 5/2000 - National Land Use Planning, section III “Protected Areas” – lists the protected natural areas of national interest, their territorial location and geographical grouping

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 Sanctioning regime

• Contraventions and criminal offences established by:– Environmental Protection Act– Water Law– Management of Costal Area Act

• Main enforcement body – National Environmental Guard, with 8 Regional Commissariats and 42 local offices

• GEO 195/2005: Art. 21 (6) offers legal standing to environmental NGOs

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Conclusions - 1

• Romania transposed the EU legal requirements in the water and nature protection sectors

• Relevant international Conventions were ratified and are part of the internal legal order

• Agreements with neighboring countries concluded• Significant secondary legislation and

implementation tools have been developed• The institutional framework is defined and functional• Responsibilities are complex and divided between

central, regional and local level authorities• Close cooperation between all stakeholders is

necessary for proper and coherent application of legal norms

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Conclusions - 2

• The body of normative acts from the two sectors made up of numerous pieces of legislation, and the legislative instability make practical implementation difficult and unsustainable

• Codification of environmental legislation would be a helpful tool in ensuring coherence and stability of legal prescriptions

• An updated analysis of the awareness and capacity of stakeholders in relation to their mission and fulfillment of roles and functions will provide the baseline for institutional reform proposals

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Conclusions - 3

• Efficient and effective coordination is needed in:– setting strategies and in planning (central and local

coastal area integrated management plan, river basin management plans, local schemes, management plans for protected areas, land use and urbanism planning)

– Permitting activities and compliance control– Setting and performing monitoring requirements and

activities in with regard to transitional waters quality and management of protected natural areas

• Enforcement of existing legislation requirements must be improved

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Conclusions - 4

• Specific and more detailed legal provisions directly regarding the protection and sustainable use of transitional waters would facilitate decision-making in designating a body of transitional waters on the basis of a nature conservation protection category and in setting concrete management requirements

• Fiscal/Financial motivation for conservation and sustainable use of transitional waters should be provided for

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