Chamber of Deputies Passes Law Allowing Public Utility Projects in Protected Areas
Despite warnings from the Ministry of Environment regarding a potential new infringement procedure from the European Commission (EC), the Chamber of Deputies, as the decision-making body of Parliament, has adopted the bill allowing the permanent removal and use of land within protected areas for public utility projects.
Deputies only introduced the requirement to „comply with European legislation” and conduct environmental impact assessments for Natura 2000 sites.
Poland has already been sued by the EC for ordering logging in one of Europe’s last virgin forests, the Bialowieza Forest.
At the end of February, senators adopted a bill initiated by the PSD, which allows the permanent removal and temporary occupation, for public utility works, of lands included in protection and conservation zones of natural areas, in natural reserves, as well as in areas included in the National Catalog of Virgin and Quasi-virgin Forests in Romania.
The Ministry of Environment warned that Parliament’s adoption of such a law would lead to the violation of two European directives—concerning habitats and birds—which have also been transposed into national legislation. The Ministry points out that in strictly protected zones, any human activities are prohibited, except for research, ecological education, or ecotourism activities within certain limits. Furthermore, in integral protection zones, any form of exploitation or use of natural resources is prohibited, including construction or investment activities, except for those intended for the administration of the protected natural area, scientific research, national security, or the prevention of natural disasters.
According to the Ministry of Environment, there are currently equipment and technologies, certified even in Romania, that allow the construction, expansion, rehabilitation, and modernization of public utility systems when crossing environmentally or archaeologically sensitive areas through non-destructive interventions with insignificant impact, such as under-crossings or internal pipe rehabilitation methods. Therefore, the Ministry considers that modifying current legislation on the protection of natural areas for public utility works is unnecessary. In this context, the relevant ministry warns that Romania risks the initiation of an infringement procedure by the European Commission in this field and requests Parliament to amend or even reject the bill.
The infringement procedure is a process involving a warning to an EU member state by the European Commission for breaching an obligation and, subsequently, if the parties do not reach an agreement, taking that state to the European Court of Justice, where the country in question is usually fined a substantial amount.
Source: Profit
Frequently Asked Questions
What does the new law adopted by the Chamber of Deputies provide?
The law allows for the permanent removal and use of land within protected areas and natural reserves for public utility projects.
Why does the Ministry of Environment oppose this project?
The Ministry argues that non-destructive technologies already exist that make law changes unnecessary and that the new provisions violate European habitat directives.
What external risks does the adoption of this legislation involve?
Romania risks the initiation of an infringement procedure by the European Commission, which could lead to substantial financial penalties from the European Court of Justice.