Law on the prevention and sanctioning of acts of environment degradation
Law no. 101/2011 on prevention and sanctioning of acts of environment degradation was published in the Official Gazette Part I no. 449 of June 28, 2011 („Law no. 101/2011”)
The Law establishes criminal measures in order to assure an effective environmental
protection. The most important crimes regulated by the
Law are as follows:
• Collection, transport, exploitation or elimination of waste, including supervision of such measures and the subsequent maintenance of elimination areas, as well as the actions undertaken by broker during the waste management process by failure to observe relevant legal provisions that may cause the death or the serious injury of a person or a significant prejudice to the environment is punished with prison from 6 months up to 3 years;
• Export of waste by failure to observe the relevant legal provisions, where the activity falls within the scope of article 2, point 35 of the EC Regulation no. 1.013/2006 with respect to the transport of waste, whether transported by a single or more operations is punished with prison from 2 up to 7 years;
• The exploitation of an installation where a dangerous activity is performed or where hazardous substances are stored or used with violation of the relevant legal provisions, able to cause the death or injury of a person or a serious prejudice to the environment is punished with prison from 6 months up to 5 years;
• Trade with protected wild flora and fauna specimen, or parts or derivatives thereof, by failure to observe relevant laws, with the exception of the case when the act has an impact on a minor number of such specimen and has an insignificant impact on the conservation of such species is punished with prison from 3 months up to a year or fine;
• Production, import, export, introduction on the market or the use of ozone depleting substances is punished with prison from 6 months up to 3 years;
• Discharge, emission or introduction in the air or soil of a quantity of substances that can cause death or serious injury of a person or a significant prejudice to the environment is punished with prison from 1 up to 5 years;
• Production, handling, processing, treatment, temporary or permanent storage, import, export of dangerous nuclear or radioactive substances is punished with prison from 3 months up to 10 years.
Law no. 101/2011 implements the Directive 2008/99/EC of the European Parliament and of the Council dated November 2008 on the protection of the environment by means of law.