New obligations imposed by ANRE
1 September 2014
The National Agency for Environmental Protection (ANPM) is a public institution with legal personality, financed from the state budget, subordinate to the public authority centers for environmental protection.
ANPM is a specialized body of the central public administration with competences in the national level implementation of policies, strategies and legislation in the field of environmental protection. It subordinates 42 county agencies, public institutions with legal personality, fully financed from the state budget.
The Ministry of Environment, Water and Forests (MMAP) is organized and operates as a specialized body of the central public administration, with legal personality, in subordination to the Government.
The mission of MMAP is to protect the environment, waters and forests, with the aim of guaranteeing the current and future generations a clean and healthy environment, protecting nature, increasing the quality of life, in correlation with a green and competitive economic development, with low emissions of dioxide carbon and resource efficiency.
Administration of the Environmental Fund (AFM) is the main institution that provides financial support for the implementation of projects and programs for environmental protection, established according to European principles "polluter pays" and "producer responsibility". It functions as a specialized body of the central public administration, with legal personality, under the coordination of the Ministry of the Environment.
AFM manages programs financed from national funds and is fully financed from its own revenues and is responsible for the management of the Environmental Fund. The environmental fund is a public fund, tax-deductible, and its revenues constitute public revenues, which are part of the general consolidated budget, constituted by a special law that also establishes their destinations.
AFM supports financing for 26 categories of national projects and programs for the sustainable development of Romania.
The Litigation Service within the Legal Department has as its main activity the representation of the AFM before the courts, arbitrations, criminal investigation bodies, by formulating in writing of all procedural documents. This activity was carried out in 2022 by 12 legal advisers and a head of service.
On 31.12.2022, the number of active files processed by the Litigation Service was approximately 1,050 files.
The new registered files had as their object: annulment of administrative acts, appeals to execution, appeals of administrative acts, criminal files, suspension of execution, claims, other requests.
At the same time, within the Litigation Service, approximately 336 criminal files are registered in the role of prosecutor's offices/courts with the object of crimes of tax evasion, forming a criminal group, abuse and negligence in service. During 2022, 60 new criminal cases and 29 completed cases were registered.
In addition to the current activities, some of the legal advisors within the Litigation Service also carried out activities in the project analysis and evaluation commissions submitted by the applicants for financing, as well as the appeals resolution commissions within the Environmental Fund Administration Programs, 3,069 files being analyzed within the Program regarding the installation of photovoltaic panel systems for the production of electricity, in order to cover the consumption requirement and deliver the surplus in the national network – Casa Verde Photovoltaice.
With a view to digitization, during 2022, the court files managed by the Litigation Service were scanned and uploaded to the IT application. At the same time, 576 execution files were reconstituted in their entirety.
The Insolvency and Advance Complaints Service is a department within the AFM, subordinate to the Legal Department and coordinated by a head of service.
In 2022, 1,479 cases were registered before the courts, of which 316 new cases were registered between 01.01.2022 and 12.31.2022.
In the period 01.01.2022 – 31.12.2022, a number of 7,018 documents were assigned to the Insolvency and Settlement of Preliminary Complaints Service, and the current activity concerned the following aspects:
The Administration of the Environmental Fund, as a fiscal body, administers the fiscal receivables from which the Environmental Fund is constituted, and in order to fulfill this attribution, it carries out fiscal control and unannounced control activities through its own control bodies within the Fiscal Inspection Directorate.
