Agent Green: Unacceptable attack on EU directives and Romanian natural heritage – during Romania’s EU-presidency
The Romanian government wants to water down national legislation in order to put profits, road-construction or resource exploitation above the conservation objectives of protected areas such as Natura 2000 sites and national parks.
Agent Green has submitted a formal statement to the Transport Ministry which includes profound critique of this retrograde and unlawful attempt to override nature conservation legislation for profit. Today, April 1st, the deadline for amending the draft law by the Romanian government ends. The government’s legislative draft would allow road construction even in strictly protected zones within national parks and prior to the completion of any environmental impact assessment.
European legislation requires environmental impact assessments for any large plan or project (such as roads or dams) that could negatively impact the environment or human health. Furthermore, within the boundaries of EU Natura 2000 sites, appropriate assessments are mandatory in order to avoid significant deterioration or degradation of protected habitats and species. These assessments have to be based upon scientific data. Only after permission by the respective competent authorities can the plan or project begin. The new Romanian legislative proposal will allow the construction works to begin (eg.for roads) even before such environmental checks are pursued and permissions granted.
Gabriel Paun, founder of Agent Green, says the governmental initiative is “illegal and unethical”. Agent Green believes that infrastructure can be built without harming protected areas: “In the specific situations in which protected areas can not be bypassed, customized alternative solutions must be found. But modifying the law in a way to generalise the legalisation of illegal construction completely dismantles our obligations for preservation of our natural heritage. Last but not least, this is highly offensive to the public, civil society, scientists, the media and politicians who have created the current legal basis for nature conservation.“
The Romanian Minister of Transport Răzvan Cuc recently launched an attack against the basis of the nature conservation laws – as quoted in Romanian media: “NGOs should go to other states to fight with teeth and to let us in Romania alone to make highways properly. I am the Minister of Transport, I initiate emergency ordinances that I think are appropriate to help with the implementation of the projects, to discuss with my other colleagues in the cabinet, we also take into account NGOs to say their point of view, but I will never block an infrastructure project in Romania no matter what power they think they have. If we want to make a highway we are always aware that we have bats, bears or frogs. We are talking about very important projects here such as Sibiu – Pitesti highway.” He said that he would never block an infrastructure project because of NGOs.
“This retrograde government initiative aims to dismantle EU nature protection legislation and comes in the middle of Romania’s EU presidency. This is unacceptable. The protected natural areas and the biodiversity they host represent a huge national heritage that can be underpin sustainable economic development based on ecological tourism,“ Gabriel Paun explains.
Here you can read a translation of the statement by Agent Green:
Regarding the Government Project for amending and the Law no. 255/2010 regarding the expropriation for public utility cause, necessary to achieve objectives of national, county and local interest, we send the following comments:
The modification of the law no. 255/2010, of article 24, is illegal and unethical.
Construction permits cannot be issued without proper documentation and therefore without legal permits. The technical and economic permits corresponding to each project phase – from technical expertise and feasibility study to execution details must be prepared and approved prior to the start of the construction and execution of the project. The modification proposed by the Government contradicts not only the legal provisions regarding the construction legislation, but also the European Directives for Habitats and Birds. The proposal has no logic. How is it possible to start a construction site/project and ask for permits after the construction is done? This is without any logic.
Also, we consider unacceptable the proposed modifications of the law 292, from 2018, regarding the environmental impact of public and private infrastructure projects.
It is not possible for transport infrastructure to be exempted from environmental impact assessment since it is known and proven that infrastructure construction works generate a significant impact on the environment. How is it possible that all of Romania’s finished infrastructure projects have been evaluated also for the enviromental impact (before the construction started) and now the government requests the cancellation of this official environmental approval phase?
With these legislative modifications, Romania risks disastrous effects on the environment and an excessive anthropogenic impact. Also, we consider that the modifications are inconsistent and break the European directives reaffirming the need for the environmental impact assessment 2011/92 / EU and 2014/52 / EU.
Also we consider unacceptable the changes of environmental protection through Government Emergency Ordinance (GEO) 195/2005. If the new paragraph 17 is approved, the project infrastructure engineer can change the route of the highway/national road at any time without being forced to apply and receive the necessary environmental approval. These modifications can drastically change the permit conditions without any analysis of the construction project. It is impossible to assess the overall impact of the project on the environment and its modifications.
We also consider unacceptable the proposed changes of GEO 57/2007. These modifications breach protected area legislation, both nationally and at the European level – inside nature protected areas the priority is nature conservation, with the exception of national security and health issues.
All modifications imply that priority should change from conservation to enforcing construction projects inside protected areas.
We strongly oppose the approval of construction sites inside protected areas and buffer areas inside National and Natural Parks. Romania has vouched in front of international institutions to protect and preserve these areas according to international, European and national legislation. These modifications are breaching two European Directives on nature conservation – 79/409 / EEC and 92/43 / EEC.
With disappointment and regret we consider that all these modifications clearly demonstrate that the Romanian Government lacks vision, holds total disregard towards environmental principles and shows that the mentality of Romanian government officials in general is an obsolete one, according to which protected areas represent a break from development.
Agent Green believes that Romanian infrastructure network can develop without harming protected areas. Of course for specific and prompt situations, customised alternative solutions must be negotiated and found according to the legislation.
But we position ourselves against the modification of the law by officials who plead for generalisation, when isolated problems can be solved promptly using already existing legislation.
These modifications offend the public, the civil society, the scientists, the media and the politicians who have created the current legal basis for nature conservation and now see that all their work is thrown away.
Protected natural areas and the rich biodiversity they support represent a huge national heritage that should be the foundation of a sustainable development of Romania based on ecological tourism alongside infrastructure.
I ask you to consider the observations and criticisms we bring to these modifications and to make the right decision.
Chairman Agent Green