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    STRATEGIC ENVIRONMENTAL ASSESSMENT FILE

    SEA Statement:1. Introduction2. SEA - Methodology and steps3. How environmental considerations have been taken into

    account in the Regional Operational Programme4. How public opinion and the opinion of the relevant

    authorities have been taken into account5. Alternative options6. Monitoring measures7. Non-technical summary8. Public announcements (translation from Romanian)9. Minutes of the meetings

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    SEA STATEMENTREGIONAL OPERATIONAL PROGRAMME

    1. INTRODUCTION

    This Strategic Environmental Assessment (SEA) Statement has been issued according to provisions of art. 9 (1) (b) of the Directive 2001 / 42 on the assessment of the effects of cert plans and programmes on the environment (SEA) and accompanies the official proposalRegional Operational Programme (ROP). It records how the SEA has improved the developmof the programme, including how opinions expressed on the Environmental Report and Rhave been taken into account in finalizing the operational programme.

    This Statement is published on MEI webpage, as required by the art. 33, par 1, letter b) of Governmental Decision No 1076/2004 for setting up the environmental assessment procedurcertain plans and programmes.

    2. SEA METHODOLOGY AND STEPS

    The Regional Operational Programme (ROP) has been subject to a process of StrategEnvironment Assessment (SEA) in accordance with the provisions of the GovernmenDecision No 1076/2004 for setting up the environmental assessment procedure of certain pland programmes, which transposes into Romanian legislation the EU Directive No 2001(SEA). PHARE project RO-2004/016-772.04.03.01.06-Ex-ante evaluation has providassistance to support the strategic environmental assessment, including the elaboration of environmental report and organization of public consultation.

    SEA process has included the following steps:StepNo

    Steps of SEA Procedure Documents/date for the undertaken steps

    1. Notification on the elaboration of the first ROP draftsubmitted by the MA ROP to the SEA responsibledepartment within MEWM -General Directorate for Pollution Control, Impact Assessment, together withthe submission of the first draft of ROP; theannouncement published in the newspaper; first draftalso published on MEIs website.

    The official letter, no. 9171, was submitt16th of March 2006. The announcement published on March 16 and 22, 2006.

    2. Screening stage - decision taken by the General

    Directorate for Pollution Control, Impact Assessmentthat ROP should carry out the environmentalassessment, before its approval, in accordance withthe art. 5, para 2, letter a of the GovernmentalDecision No 1076/2004

    The formal letter (no. 73.507) from Ge

    Directorate for Pollution Control, ImAssessment was received on the3rd of Ap2006.

    3. Setting up of the SEA Working Group comprisedof representatives of relevant ministries- Ministry of Public Finance, Ministry of Health Institute of

    The official invitation (no. 15269) was srelevant authorities on the 8th of May 2006

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    StepNo

    Steps of SEA Procedure Documents/date for the undertaken steps

    Public Health, Ministry of Economy and Trade,Ministry of Administration and Interior, Ministry of Agriculture, Forests and Rural Development,

    technical departments of the Ministry of Environmentand Water Management, Ministry of Education andResearch, Ministry of Transport, Construction andTourism, Ministry of Labour, Social Solidarity andFamily, National Agency for Small and MediumEnterprises and Cooperation external consultants provided by PHARE project

    4. Invitation to take part in the first meeting of SEAWorking Group

    The official invitation was sent on June 2

    5. First meeting of SEA Working Group with the aim toinform the representatives of the working group about

    SEA procedure and their role in the process

    The meeting took place on the 11th of Ju2006. The minutes is here attached.

    6. Invitation for the second meeting of SEA WorkingGroup

    The official invitation was sent on 24thAugust 2006.

    7. Second meeting of the SEA Working Group (scopingmeeting ) with the aim to establish the scope and levelof detail appropriate for the Environmental Report, based on the proposals made by PHARE key expertson SEA and agreed by the working group

    The meeting took place on 11th of Septemb2006. The minutes is here attached.

    8. Preparing the Environmental Report on the likelysignificant effects of the draft ROP on theenvironment, including consideration of: 1. The current state of the environment and thelikely evolution thereof without implementation

    of the ROP 2. The environmental protection objectives,

    established at international, community or national level, which are relevant to ROP and theway those objectives have been taken intoaccount

    3. The likely significant effects on the environmentof the ROP

    4. The measures envisaged to prevent, reduce or

    offset the likely significant environmental effectsof each area of intervention 5. Measures for monitoring environmental effects

    Environmental report prepared withsupport of PHARE experts

    9. Invitation for the third meeting of SEA WorkingGroup

    The official invitation was sent on 7th November 2006.

    10. Third meeting of the SEA Working Group with theaim to present the draft Environmental Report

    The meeting took place on 14th of Novemb2006. The minutes is here attached.

    11. Completion of the Environmental report Environmental report finalized by PH

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    StepNo

    Steps of SEA Procedure Documents/date for the undertaken steps

    experts based on working group contribu12. Official information on finalization of Draft

    Environmental Report sent to responsible Directorate

    within MEWM

    The official announcement was senGeneral Directorate for Pollution Co

    Impact Assessment on 30th

    of Novemb2006.13. Announcement for public debate (45 days before

    the meeting); Environmental Report published onMEI webpage.

    The formal announcement for public dwas published on 30th of November andManaging Authority for ROPth of Decemb2006. The public hearing was establishe18th of January 2007.

    14. Public hearing The public hearing took place on 1thJanuary 2007. The minutes is attached.

    15. Elaboration of Final Draft of Environmental Reporttaking into account the comments received

    The final draft of the Environmental Rwas completed on 25th January 2007

    16. Notification of MA ROP submitted to the GeneralDirectorate Pollution Control, Impact Assessmentsending the final draft of ROP (which includes publiccomments)

    The official letter was sent on 26th

    of Januar

    17 Environmental permit issuance The environmental permit was issued oof January 2007.

    18. Official notification on the decision to issue theenvironmental permit

    The official letter was received fromGeneral Directorate for Pollution CoImpact Assessment on 2nd February

    19. Publication of the announcement of the decision toissues the environmental permit in mass media and

    MEI webpage; publication of EnvironmentalReport and SEA statement on MEIs webpage

    The publication of final EnvironmReport on the 7th of February 2007.

    3. HOW ENVIRONMENTAL CONSIDERATIONS HAVE BEEN TAKEN INTOACCOUNT IN ROP

    The Regional Operational Programme 2007-2013 (ROP) comprises all the 8 DevelopmentRegions of Romania and will be financed by State and local Budgets for 2007 2013 and privsources and will be co-financed by the European Regional Development Fund (ERDF) onethe structural funds of the European Union. The EU contribution will represent up to 85% of

    total national (public and private) expenditure.ROP implements important components of National Strategy for Regional Development of National Development Plan (NDP) and together with the other Operational Programmes wcontribute to the achieving of the NDP and National Strategic Reference Frameworkobjectives, thereby contributing to reduce the economic and social development dispari between Romania and EU Member States.

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    The ROP global objective consists in supporting and promoting the economic and socialsustainable local development of the Romanian Regions, according to their specific needs,by improving business environment and infrastructural conditions as basis for growth, inorder to make the Romanian Regions, especially the ones lagging behind, more attractiveplaces to invest in and work.

    For the accomplishment of the general objective of ROP, this is articulated on severalspecificobjectives , namely:

    - Improvement the Regions accessibility, including intra-regional links- Increase The Regions attractiveness due to the improved social infrastructure- Increase the Regions competitiveness as businesses locations- Increase the tourism contribution to the Regions development- Increase the socio-economic role of the urban centres in regional/ local development

    In order to achieve these objectives, the following priority axes and key intervention areas hav

    been identified and analysed in the Environmental Report:Priority Axis Key area of intervention

    Priority Axis 1 Improvement of regional andlocal transport infrastructure

    K.I.A. Rehabilitation and modernization of thecounty roads and urban streets network-including construction/rehabilitation of ringroads- regional airports and ports

    Priority Axis 2 Improvement of socialinfrastructure

    K.I.A.1 Rehabilitation, modernization andequipping of the health services infrastructureK.I.A.2 Rehabilitation, modernization,development and equipping of social services

    infrastructureK.I.A. 3 Improving the equipments of theoperational units for public safety interventionsin emergency situations K.I.A. 4 Rehabilitation, modernization,development and equipping of preuniversity,university education and continuous vocationaltraining infrastructure

    Priority Axis 3 Strengthening the regionaland local business environment

    K.I.A . 1 Development of sustainable businesssupport structuresK.I.A.2 Rehabilitation of unused polluted

    industrial sites and preparation for newactivites K.I.A. 3 Support the development of micro-enterprises

    Priority Axis 4 Sustainable development of regional and local tourism

    K.I.A. 1 Restoration and sustainablevalorization of cultural heritage and setting up/modernization of related infrastructure K.I.A.2 Creation, development, modernization

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    of the specific infrastructure for sustainablevalorization of natural resources with tourism potential K.I.A. 3 Rehabilitation, modernization,extension of accommodation structures and

    related utilities, as well as leisure touristinfrastructure

    Priority Axis 5 Support of sustainable urbandevelopment

    K.A.I . Integrated urban development plans

    The Environmental Report emphasizes that ROP is largely oriented towards improvementof environmental situation in Romania and therefore assessment and recommendationswere aimed at strengthening the positive environmental effects and analyzing theadditional opportunities and possible negative impacts in relation to the actions.

    For the purpose of the assessment of environmental effects on the ROP, a number of relevenvironmental issues and objectives have been selected and formulated based on the national international (European and Global) objectives and obligations that Romania has in the fieldthe environment.

    The assessment of the proposed key areas of intervention in relation to the relevaenvironmental objectives was done using the following scale:

    + 2: substantial positive effects of the area of support on the given reference goal+ 1: positive effects of the area of support on the given reference goal0: no impact (neutral effect)- 1: negative impact of the area of support on the given reference goal

    - 2: substantial negative impact of the area of support on the given reference goal?: the impact cannot be identifiedThe results of this assessment are presented in the table below. N.A. stands for Not applicable

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    Table . Assessment of effects of the ROP on the relevant environmental objectives

    Priorityaxis 1

    Priority axis 2Priority axis 3 Priority axis 4

    Environmentalissues

    Environmentalobjectives

    KAI KAI1

    KAI2

    KAI3

    KAI4

    KAI1

    KAI2

    KAI3

    KAI1

    KA2

    Maintain andimprove thequality of ambient air within the limitsset by the legalnorms

    1 NA NA NA NA 1 1 1 0 0Air

    Minimize theimpacts on theair quality at

    rural and urbanlevel

    1 1 0.5 1 1 1 1 1 0 0

    Water Limit water pollution from point and diffuse pollution sources

    0 NA NA NA NA 1 1 1 0.5

    Soil Limit point anddiffused pollution of soiland facilitate soil protection fromwater and wind

    erosion

    0 NA NA NA NA 1 2 1 0.5

    Climatechange

    Decreaseemissionscausing climatechange

    1 1 0.5 0 0 1 1 1 0.5 0

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    Protect andimprove theconditions andfunctions of terrestrial and

    aquatic eco-systems againstanthropogenicdegradation,habitatfragmentationand deforestation

    -1 NA NA NA NA 0 1 0 2 Biodiversity

    Preserve thenatural diversityof fauna, flora,and habitats in protected areas

    and potential Natura 2000 sites

    -0.5 NA NA NA NA 0.5 1 -1 2

    Human healthFacilitateimprovement of human health byimplementingmeasures aimedat pollution prevention andmitigation of

    old burdens(e.g. pesticides,mining waste,etc.)

    1 1 1 1 1 1 1 1 NA N

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    Protect andimprove theconditions of settlements withrespect to

    transport noxes, particularly noiseand vibration

    1 NA NA NA NA 0 -1 1 0 1

    Environmentalrisk

    management

    Increase population protection fromrisk associatedwith naturaldisasters

    0.5 1.5 0.5 0.5 1 NA NA NA NA

    Limit use of depleting naturalresources

    0.5 NA NA NA NA 1 1 1 0 Resourceefficiency andconservation/

    sustainableresourcemanagement

    Reduce wastegeneration,increase wasterecovery, andfacilitaterecycling of allwaste

    0.5 1 1 1 2 1 -1 1 0.5 0

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    Ensure protectionof natural andculturallandscape byrevitalization of

    brownfields and protection of natural habitatsfromfragmentationdue to trafficcorridors

    -1 NA NA NA NA 0.5 1 1 1 Landscapeand culturalheritage

    Preserve, protectand rehabilitatethe Romaniancoastal zone of the Black Sea

    ensuring protection of natural(includingaquatic andterrestrialecosystems) andcultural heritagein order toachieve thesustainabledevelopment of

    the region

    1 NA NA NA NA 1 1 0 2

    Energyefficiency andrenewableenergy sources

    Improve energyefficiency anduse of energyresources

    1 1 1 1 1 0.5 1 1 0 0

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    Facilitate energygeneration fromrenewableresources

    NA NA NA NA NA 1 0 1 0

    Awareness

    raising onenvironmental

    issues

    Improveenvironmentally-responsible behaviour of governmental, private and public sectors by promoting of environmentalissues

    1 2 1 1 2 1 1 1 2 1

    Sustainabletransport

    Support of environmentallyfriendly transportand promotedevelopment andusage of publictransport

    1 NA NA NA NA 0.5 0 1 1

    Sustainabletourism

    Promote tourismthat would ensurehigh degree of environment protection andnaturalconservation

    NA NA NA NA NA NA NA NA 2

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    The SEA report for ROP identifies mostly positive and neutral effects on the environmentfollowing this programmes implementation. For the negative effects on the environmentthat are likely to appear as consequences of the specific investments foreseen in the programme, the report provides a set of measures envisaged to prevent, reduce or evenoffset them. Environmental considerations have been taken into account in the Programme.All the effects of the ROP implementation on environmental components will be strictlymonitored through a proposed set of specific indicators, which will be introduced into theoverall monitoring system of the programme.

    The Environmental Report has produced useful recommendations that have beenconsidered in the final version of the ROP. As well, the specific recommendations relatedto projects selection criteria and EIA procedure will be fully addressed in theimplementation of the projects.

    The main recommendations proposed in Environmental Report based on the assessment of the key areas of intervention and how they have been considered in improvement of ROP /or other related documents is presented in table below:

    Recommendations How they have been considered in ROPor related documents

    To emphasize the link with sustainabledevelopment objectives identified in the EUSustainable Development Strategy(Gothenburg 2001 and as renewed inBrussels 2006) and SustainableDevelopment Strategy of Romania (1999);

    New references were introduced in ROPstating that all proposed ROP priorities arein line with the renewed Lisbon strategy -taking into account the Gothenburg Strategy2001 (pag. 9), and with the provisions of thesustainable development objectivesidentified in Sustainable DevelopmentStrategy of Romania, 1999 (pag. 156)

    To amend the ROP with potential impact of tourism on the natural and cultural heritageand to refer to the actions being taken by thecountry to ensure sustainable tourismdevelopment;

    It is stated in ROP that the development of tourism should take into account the principle of sustainable development,concerning the preservation of natural andcultural assets, and also the reduction of human pressure on the environment. Thehuman pressure on environment isenvisaged to be controlled especcialy inthose regions with special natural assets, inorder to ensure their capitalization in asustainable manner and also to distribute balanced spatial tourism activities.

    To strengthen and expand the environmentalsituation analysis in general and as relates toeach region being supported under ROP(detailed recommendations provided);

    The environmental analysis in ROP wasextended and improved according to SEArecommendations: the general chapter identifying the main characteristics of theenvironment status in Romania wasimproved and actualised and also asynthetic, more comprehensiveenvironmental picture at regional level,

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    Recommendations How they have been considered in ROPor related documents

    elaborated on a pattern provided by the SEAexpert was inserted.

    To complement and modify the global andspecific objectives in order to advancesustainable development;

    Both in the content of the global objectiveand also of the specific objectives (where itwas the case) were operated modificationsin order to ensure an environmentallyfriendly approach and sustainabledevelopment through ROP implementation.

    To modify formulation of some of the keyareas of intervention in order to strengthenthe potential progress towards sustainabledevelopment of the actions envisioned.

    The requested modifications were operatedin the formulation of the key areas of interventions.

    To incorporate the proposed environmentalevaluation of project applications into theoverall system of evaluating and selecting projects

    The environmental impact assessment(where needed) of the projects implementedthrough ROP will represent a selectioncriterion in the Programme Complement.

    To incorporate the environmental indicators proposed into the overall system of monitoring the ROP implementationimpacts

    The list of indicators proposed by the SEAexpert was adjusted and agreed together with the AM POR and the Ministry of Environment and Water Management andwill be introduced into the ROP overallmonitoring system.

    To publish the results of monitoringregularly (at least once a year);

    The ROP implementation results (includingthe evolution of the environmentalindicators) will be published at least once ayear (annual report).

    Projects have to be screen for EIA and if EIAs are carried out, special focus should begiven the mitigation of any negative impacton Natura2000, landscape fragmentation andgreen-field developments;

    All tourism development projectsshould undergo the EIA in order toenable

    Alternative solutions to any

    environmentally harmful impacts(e.g. under Carpathian Super-skidevelopment)

    The environmental impact assessment(where needed) of the projects implementedthrough ROP will represent a selectioncriterion in the Programme Complement.

    To enable environmental integration intooperations supported by ROP it isrecommended to integrate the environmentalselection system into the overall projectselection system as well as environmentalmonitoring indicators proposed in this

    The list with the environmental indicatorswill be introduced into the overallmonitoring system of ROP and EIA willrepresent a selection criteria for investmentsthat are likely to affect the environment.

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    Recommendations How they have been considered in ROPor related documents

    report.

    To involve the Ministry of Environment andWater Management into the discussionabout the overall system of monitoring andespecially the way of incorporatingenvironmental issues into the overall system before it is launched;

    The Ministry of Environment and Water Management was involved from the beginning in the development of the SEA process (including the formulation of environmental indicators and their monitoring process) and will be consultedregarding all environmental aspects relatedto ROP.

    Priority Axes 3 KAI 1/2

    Promoting the restoration of brownfields for the purpose of nature and habitats protection, connectivity of the business withPT as well as the promotion of recycling andwaste reuse (e. g. construction waste),restoration of brownfields leading to theclean up of contaminated soil, mitigationmeasures to reduce noise and vibrationduring construction and renovation

    Significant positive effect is expected. Theimpact can be increased if BAT principlesare applied, if the rehabilitated sites will beused for other business and /or social purposes (like industrial parks), if eco-services will be stimulated by differentlegal, financial or other types of incentivesand if public and NGO involvement isenabled.

    The SEA recommendations for priority axis3 Strengthening the regional and local business environment were taken intoconsideration at the level of ProgrammeComplement and the rehabilitation of industrial sites is encouraged since itfacilitates environmental protection. As aresult, new eligible activities wereintroduced such as: cleaning of the industrial polluted unused areas and landimprovement; decontamination of areas/land; depollution activities; transportand deposit of dangerous waste and toxicsubstances;

    Priority Axes 4 KAI 1

    Positive effect from implementation of thisKAI may be increased by use andinstallation of demonstration equipment for energy generation from renewableresources, support and increasedaccessibility to public transport networks,support for the establishment of wastecollection systems in parks and protectedareas and various energy saving measures(such as sensors).

    All projects must respect the nationallegislation in the field of environmental protection. The sustainable development of tourism should be achieved in accordancewith the spatial plans that set out the level of protection for the proposed objective to berehabilitated. There will also be financed projects that implements environmentalfriendly solutions, such as: the use of ecological materials, non-conventionalenergy sources, equipments with efficientenergy / water consumption, increase of green spaces / surfaces, promotion anddissemination of an environmental friendlylifestyle, conservation of cultural patrimony.

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    Recommendations How they have been considered in ROPor related documents

    Priority Axes 5

    Increased assess to PT by various andespecially deprived social groups of peoplewill increase their possibility to better integrate into the society and to reduceenvironmental effects caused by lack of education and lack of access to social and public services (such as water and wastesystems) and to better food andtechnologies.

    This recommendation is taken into accountthrough selection criteria in ProgrammeComplement, which foreseen that the projects financed under this KAI shouldaddress in an integrated manner aspectsrelated to the rehabilitation of an urban area,through improving urban public transport,solving social groups problems andregeneration of deprived physical urbaninfrastructure (streets, parks, etc.),considering also the environmental norms.

    4. HOW PUBLIC OPINION AND THE OPINION OF RELEVANT AUTHORITYEXPRESSED DURING CONSULTATION PROCESS HAVE BEEN TAKEN INTOACCOUNT

    The Environmental Report was prepared with the support of PHARE SEA key experts, inclose consultation with the representatives of the working group on SEA. Consultation withother relevant authorities (relevant ministries or institutes) has been done through theworking group.

    The ROP document, as well as Environmental Report and SEA methodology have beenmade available for all stakeholders on MEI website www.mie.ro and adequate time has been allowed for comments and suggestions. Since March 2006 the first draft and thefollowing versions of ROP have been made public on MEI website, both in Romanian andEnglish versions.

    According to the relevant national legislation on SEA process, a public hearing wasorganized on 18th January 2007, the announcement of the meeting being published in massmedia and on MEIs website 45 days before the meeting.

    No comments from the public have been received on Environmental Report and ROPduring consultation process. The relevant authorities expressed their opinion andformulated comments on Environmental Report during working group activity, so as thefinal version contained their input. The comments, questions and opinions presented by the participants at the public hearing and also the answer provided by the MA for ROP areincluded in the table below:

    Name /Organisation

    Question / Comment Response / How it has been addressed in ROP

    Liliana SitaruMinistry of Transport

    Concrete manner of monitoring theenvironmental indicators

    Baseline values will be provided by the Ministry ofEnvironment (through specialized directorates),while the intermediate and final values will be

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    Name /Organisation

    Question / Comment Response / How it has been addressed in ROP

    provided by the monitoring systems of the projectsthat followed EIA procedure (for which the beneficiaries have the responsibility to monitor theintensity of the effects generate by the project onthe affected environmental components).

    Claudia Jianu / NGO TerraMileniul III

    Are projects addressingwater management aspectseligible under ROP?

    Projects addressing water management aspects areeligible under SOP Environment.

    Claudia Jianu / NGO TerraMileniul III

    Concrete manner of avoiding overlapping andensuring correlation between different programmes financed under structural funds and if andhow the public wasinformed concerning theseaspects.

    The aspects concerning possible overlapping between programmes were clarified during thedrawing-up process of these documents, both in bilateral and general meetings with the participations of all implied institutions and underthe coordination of the MPF. Each programmefinanced under structural funds is published on theinternet page of the institution that is its ManagingAuthority. Each programme contains a section,which explains the complementarity with the otherOPs that are financing the same fields. The publicwas informed both through meetings andconferences all over the country, but also by publishing announcements in media and on theinternet page referring to programmes elaboration.

    Claudia Jianu / NGO TerraMileniul III

    Requested information onthe structure of theMonitoring Committee andif the NGOs are representedin this structure.

    The structure of the Monitoring Committee isunder discussion, but it will certainly include NGOs representatives.

    Mrs. Emilia Niciu / Instituteof Public Health

    Bucharest

    It was stressed the need tointroduce protectivemeasures in the construction phase of various projects, phase that can have anegative impact on humanhealth.

    This request will be dealt with during EIA procedure the environmental authority in EIA permit will introduce specific conditions.

    A measure to check the observance of theseconditions when on-the spot cheks at projects levelare carried out by IBs will be included in themonitoring programme for ROP.

    Mrs. MarianaGhineraru /IndependentConsultant

    It was presented thesituation of the abandonedindustrial sites,characterized by heavy pollution (100 years), for which the polluter cannot beidentified anymore, in order to pay for the cleaning of these sites. The economicagents, the new owners of these sites, should invest all

    Addressing this problem implies a set of competences and expertise in the field of environment (there are necessary specific studiesfor pollution identification, treatment, etc.).Moreover, the funds dedicated to economic agentsin order to solve this problem will be limitedaccording to the specific regulations of state aid.However, this proposal should be formallysubmitted to MEI in order to be analyzed anddecided.

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    Name /Organisation

    Question / Comment Response / How it has been addressed in ROP

    the profit and risk to go bankrupt in order to cleanthese areas. Currently, no programme financed under structural funds or other sources foresees that thesetypes of activities areeligible. The proposal wasto include them as eligibleunder ROP.

    Mrs. IleanaVasilescu /Ministry of

    Environment andWater

    Management,Water

    Department

    For some environmentalcomponents, the monitoringindicators are the same.

    In order to avoid congestion with indicators, thesewere adapted in order to correspond to manyobjectives.

    Cristina PopaMinistry of

    Labour, SocialSolidarity and

    Family

    As a representative of MAPOS HRD in SEA ROPWorking Group, considersthat the format and contentof the Environmental Reportfor ROP are adequate andthe procedure followed is inline with GD 1076/2004.

    Cornel StefanMinistry of

    Agriculture andRural

    Development

    Besides the number of sites Natura 2000, it should beuseful to include alsoinformation on the degreeand dimension of affectedareas.

    The list with Natura 2000 sites is not completedyet. However, the information requested will bemonitored trough the monitoring system.

    5. ALTERNATIVE OPTIONS

    Relevant legislation both Directive (2001/42/EC) and Governmental Decision(1076/2004) require the reasonable alternatives of the programme to be considered withinthe SEA.

    The following alternative of the ROP were analysed during SEA process:

    Zero alternative no ROP implementationFirst alternative ROP version elaborated in April 2006Second alternative ROP version elaborated in May 2006Third alternative ROP version elaborated in October/November 2006.

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    The main difference of these alternatives resides in definition of objectives, priority axesand key areas of interventions.

    The first alternative ROP version elaborated in April 2006 was based on the followingstrategic approach:to accelerate the economic growth of the Romanian Regions, giving priority to theRegions lagging behind, so that, by the end of the programming period, the disparities between the more prosperous and the less developed Regions, in terms of infrastracturedevelopment and business environment, addressed by this programme, to diminish.

    Thespecific objectives of ROP were formulated as follows:

    - The improvement of the general level of attractivity and accessibility of theregions

    - Increasing the competitiveness of the regions as locations for businesses- The valorization of the touristic, historic and cultural potential of the regions

    and increasing the contributions of these fields to the regions development- Increasing the socio-economic role of the urban centres.

    The balanced development of all the counties regions was foreseen be achieved through anintegrated approach, based on a combination of public investments in the localinfrastructure, active policies to stimulate business activities and support for thevalorification of the local resources, by the following priority axes:

    - Improvement of regional and local public infrastructure- Strengthening regional and local business environment- Development of regional and local tourism- Sustainable urban development- Technical Assistance

    The second alternative ROP version elaborated in May 2006 followed the same strategicapproach as April version, but additional texts to improve the strategy and rationale of the priority axes was introduced. Also some rearrangements al the level of priority axes 1 wasmade:

    - There were established 5 specific priorities, besides technical assistance priority: (1)Improvement of regional and local transport infrastructure; (2) Improvement of social infrastructure; (3) Strengthening the regional and local business environment;(4) Development of regional and local tourism; (5) Support of sustainable urbandevelopment. The priority axes 3 contained 2 key areas of intervention:Development of business support structures and Support to set up and developmicro-enterprises.

    Following consultation with partners and institutional agreements, the indicative operationforeseen in the Priority axis regarding business environment in order to addressIndustrialsites rehabilitation was excluded from this version, even if it represented a positivecomponent from environmental point of view.

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    The third alternative elaborated in October/November 2006 contained major changes andimprovements, being prepared following the consultation with relevant partners.

    The strategy will give priority to the regions lagging behind and to the less developed areaswithin more prosperous regions. The purpose is to allocate funds for those fields of interventions and operations, which have strong and direct influence on regional and localdevelopment, namely:

    - Increase the regions competitiveness as business locations- Supporting the regional/local economic and social infrastructure- Rehabilitation of the urban centres.

    The Industrial sites rehabilitation was reintroduced and became key area of interventionunder Priority axis 3. The rehabilitation of these industrial areas supports not only theimprovement of the environment, but it also provides better conditions for new investmentdue to the infrastructure, which requires only improvements and not complete renewal.

    In synergy with other activities, industrial sites rehabilitation will address theabandoned/derelict or insufficient used industrial areas that were previously included withina programme of reducing environmental pollution (eg. OP Environment) and it will focuson minimizing and recycling of existing waste in these locations and their inclusion intoeconomic flow, more specifically making them available for companies interested in suchlocations, adequate for business development, including the creation of industrial andtechnological parks, etc.

    Comparison of the three versions of the ROP thus leads to a conclusion that the October/ November 2006 versions of the ROP are likely to have more positive environmental effectsthen the January version of the ROP, since:

    It has an additional KAI Rehabilitation of industrial sites in the Priority AxisStrengthening the regional and local business environment

    This KAI includes and corresponds to the priorities provided in the guidelines for SF

    It enables better integration of sustainable development and environment to theROP.

    The key experts considered the following approach in analysing ROP alternatives: in thecase of the programming for Structural Funds, the operational programmes are one option programmes and a no-programme alternative (no-ROP or zero alternative) is a defaultalternative to the programming document. The no-programme has been examined in theEnvironmental Report, which revealed that the no-ROP alternative would mean further deterioration of environmental situation and as such, no action is likely to have significantnegative effects on the environment. Therefore the analysis further concentrated not on thealternatives of the ROP, but on the alternatives and possible improvement of positiveeffects on the environment of components of the ROP, such as objectives, priority axes andkey areas of intervention (KAIs).

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    The analysis was made following the SEA Directive guidance of the EC Implementationof Directive 2001/42 on the Assessment of the Effects of Certain Plans and Programmes onthe Environment, which provides the most clear explanation on the treatment of thealternatives in the plan or programme elaboration process. The approach presented in theGuidance enabled the SEA team, due to programming process and available time, to focuson the programme as the core alternative and worked on options for internal levels of the programming process.

    In case of operational programmes, the alternatives were discussed during the elaborationof ROP. The SEA team assessed thealternative objectives, priority axes (except thePriority Axis focused on the Technical Assistance)and priority areas of interventionscontained in the draft-working version of ROP, and provided recommendations for choosing their optimal formulation (from the environmental point of view).

    6. MONITORING MEASURES

    Environmental monitoring programme is a vital process of any strategic plan or programme. It helps not only to adequately follow environmental considerations identified by ex-ante evaluation, but also in signalizing the potential problems resulting from the proposed projects, which have not been identified during the ex-ante assessment processes(both SEA and EIA) and will allow for prompt implementation of effective correctivemeasures.

    The environmental monitoring is required for the construction and operational phases of the projects carried out within the ROP. The main objectives of environmental monitoring are:

    to assess the changes in environmental conditions resulting from the projects,to monitor the effective implementation of mitigation measures,to warn about the significant deteriorations in environmental quality (if any due tothe carrying out the ROP) for further prevention action,to monitor the environmental effects of the entire programme.

    It is generally accepted that monitoring of environmental indicators on national or regionallevel, makes it difficult to distinguish the ROP environmental impacts from impacts of other activities /interventions (e.g. projects financed from sources other than the ROP).

    Monitoring the significant environmental effects will form part of the approach tomonitoring system of environmental factors in Romania. The two principles, which guidethe approach to monitoring, are:

    - The need for a simple but robust approach that is easy to use;- The need for a collective approach amongst all partners involved in implementingthe programme.

    Relevant actors involved in monitoring of environmental factors and effects include: final beneficiaries of projects financed under ROP, the Intermediate Bodies (RegionalDevelopment Agencies), Managing Authority for ROP, Ministry of Environment andWater Management.

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    It is therefore important that monitoring of significant environmental effects forms part of the monitoring framework as a whole, to ensure information process management andreviewing decisions, and to make data collation as efficient as possible.

    The monitoring system will take into account the relevant environmental objectivesspecified in Environmental Report. These objectives represent environmental areas andtopics that can be substantially influenced by the ROP implementation.

    In line with the SEA recommendations, in order to monitor the extent of the effects that theROP has on the environment a proposed environmental indicator for each of the relevantenvironmental objectives will be used. The monitoring indicators will be used to monitor environmental effects based on the characteristics of the projects selected for funding. Theenvironmental objectives used within the project evaluation and selection will be further used for the monitoring of the project. By monitoring and summarising the single projectsmonitoring results, it will then be possible to estimate the overall environmental effect onthe relevant environmental objectives.

    Monitoring data on the environmental effects of the ROP should be provided by the project

    owners together with the final project reports at the end of the projects implementation.Managing Authority should request the data at the end of each project implemented asminimum. Environmental data should be summarized and interpreted in the interim and ex- post evaluation reports in a separate chapter, which will draw on the results of SEA,environmental section and monitoring systems.

    Based on SEA recommendations, the measures envisaged for monitoring of ROP effectsare presented in the table below:

    Monitoring Measure Deadline Responsible body Measure taken before ROP approval

    To incorporate theenvironmental indicators proposed into the overallsystemof monitoring the ROPimplementation impacts

    Action correlated with SMISdevelopment / monitoring procedure for ROP

    Ministry of Public Finance /Managing Authority

    To connect the monitoringsystem to the system of evaluating and selectingthe projects, using

    environmental criteria;

    (Connection done within the procedures for monitoringand project selection /

    guidelines for applicants)

    Managing Authority

    To involve the Ministry of Environment and Water Management into thediscussionabout the overall system of monitoring and especiallythe way of incorporating

    The Ministry of Environment and Water Management was involvedfrom the beginning in thedevelopment of the SEA process (including theformulation of

    Managing Authority

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    environmental issues into theoverall system before it islaunched;

    environmental indicators andtheir monitoring process)and will be consultedregarding all environmentalaspects related to ROP.

    To ensure sufficient personnel and professionalcapacities for environmentalareas within the ROPmonitoring;

    Continuous training of staff Managing Authority /Intermediate Body

    To ensure that the applicantsare informed sufficientlyabout environmental issuesand about possible links of the draft projects to theenvironment

    - Elaboration anddissemination of guidelinesfor applicants correlatedwith the organisation of callsfor proposals- Information campaigns- Guidelines for beneficiaries

    Managing Authority /Intermediate Bodies

    Measure taken during ROP implementation

    Examination of themonitoring results, i.e.revision of changes inenvironmental indicators.Initiation of respective stepsin case the ROP negativeenvironmental impactswere found.

    On a regularly basis Managing Authority /Intermediate Body

    Monitoring of environmentalindicators (especially on the basis of aggregation of datafrom the project level)

    According to the deadlinesestablished in monitoringand reporting procedure of the ROP

    Managing Authority /Intermediate Body

    To publish the results of monitoring regularly (at leastonce a year);

    Yearly, after approval of theROP implementation Reportfor ROP operations progressEx-post evaluation for overall ROP environmentaleffects (2015)

    Managing Authority /Intermediate Bodies

    Reporting on environmental monitoring issues will be done in compliance with the existingmonitoring procedures and tools set up by legislation. Environmental data collection willuse as much as possible the Single Management Information System allowing the bottom-up aggregation of output environment indicators at project level. In addition, relevantstatistical information (State Environmental Report, Romanian Statistical Yearbook) will beused whenever relevant. The relevant ex-post report will be used as well.

    According to art. 27, para 3 of the Governmental Decision No 1076 / 2004, ManagingAuthority for ROP will send yearly to the competent environmental authority, respectively

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    the General Directorate for Pollution Control, Impact Assessment (MEWM), an yearlyreport concerning the results of the monitoring measures presented above. This report will be compiled from the existing monitoring programme of ROP and Annual ImplementationReport of the ROP.

    7. NON-TECHNICAL SUMMARY

    The Regional Operational Programme for the years 2007-2013 (hereinafter ROP) is adocument prepared to enable access and distribution of EU financial sources in the area of regional development.

    This ROP is being elaborated by the Ministry of European Integration of Romania(hereinafter the Managing Authority). It adheres to thematic priority identified in the National Strategic Reference Framework aimed at promoting balanced territorialdevelopment. The ROP determines objectives, priority axes and key areas of interventionwithin which it will be possible to submit project applications for co-financing from the EUCohesion Fund.

    The ROP was identified as one of 4 sectoral operational programmes screened for thestrategic environmental assessment (hereinafter SEA) procedure, as provided for in theGovernment Decision no.1076/8.07.2004 for setting up the environmental assessment procedure of certain plans and programmes (Of.J.no.707/5.08.2004) (hereinafter DG1076/2004 on SEA). The content and scope of the assessment was determined duringthe scoping meeting with the Working Group established for the purpose of SEA by theManaging Authority.

    The scoping meeting took place on the 11th of September 2006 and the minutes of themeeting were recorded, which are attached in the Annex 1 with the list of participantsattached to the Annex 2 of this report.

    The assessment process began after the decision of the scoping meeting. From the time of the start of the project, a working version of ROP from April 2006 was made available tothe SEA team and the process then continued simultaneously with the amendmentsintroduced to the ROP by the Managing Authority due to consultations with stakeholdersand ex-ante evaluation recommendations. At the end of October the Managing Authority provided with the second draft version of the report, which had some modifications. Thedraft environmental report reflects this latest draft of the ROP.

    The draft environmental report was completed on 16th of November and was prepared for the version ROP dated April and included modifications of November versions of 2006.The ROP and the draft environmental report were made available for public consultationsat the end of November 2006. Based on the request of the Ministry of Finance, that wishedto ensure that SEA considers alternatives options, another draft / version of the ROP was provided to the SEA team on 19th of January 2007. This version has been consequentlystill included in the final version of the environmental report.

    All parts of the ROP were assessed through SEA. Expert conclusions and recommendationswere based on a number of national and international documents relevant to the ROP

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    including the draft programme complements elaborated by the Managing Authority. The basic reference framework for conducting SEA was the set of relevant environmentalobjectives endorsed during the September Scoping meeting referred above. The objectives were formulated on the basis of theanalysis of existing relevant national and international strategic documents (strategies, plans and programmes) and current status of environmental issues related to the nature andfocus of the ROP. The final set of relevant environmental objectives also included relevanthuman health issues and specific issues related to nature and biodiversity protection (withinthe framework of Natura 2000.

    Using the set of relevant environmental objectives the SEA team assessed the ROP sectionsand proposed inter alia:

    to emphasize the link with sustainable development objectives identified in the EUSustainable Development Strategy (Gothenburg 2001 and as renewed in Brussels2006) and Sustainable Development Strategy of Romania (1999);

    to strengthen the references made to the need to support public transport as one of the preconditions for sustainable transport development;

    to amend the ROP with potential impact of tourism on the natural and culturalheritage and to refer to the actions being taken by the country to ensure sustainabletourism development;

    to strengthen and expand the environmental situation analysis in general and asrelates to each region being supported under ROP (detailed recommendations provided);

    to supplement the SWOT analysis with environmental issues; to complement and modify the global and specific objectives in order to advance

    sustainable development; to modify formulation of some of the key areas of intervention in order to

    strengthen the potential progress towards sustainable development of the actionsenvisioned.

    The ROP contains priority axes that are worked out in detailed key areas of intervention,which are the most important part of the ROP in terms of assessment of its possiblenegative impacts and potential environment benefits. Assessment was carried out for eachseparate key area of intervention (except for the Priority Axis on Technical Assistance) andwas based on the analysis of its consistency with the relevant environmental objectives - i.e.whether and how the intervention areas may positively or negatively affect futureattainment of the relevant environmental objectives in Romania.

    On the basis of this assessment, the SEA team made proposals for implementing andmodifying the focus of the areas of intervention and also suggested conditions for their implementation.

    Another important output of the assessment was the proposal for monitoring of environmental effects of the ROP implementation and a proposal for environmentalselection system that will help to evaluate environmental performance of projects proposedfor funding within ROP. It is anticipated that integration of environmental criteria andmonitoring indicators into the overall implementation and monitoring system of the ROP

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    will enable to focus the support from the EU funds on those activities, which will bring positive effects to the environment and will minimize adverse impacts.

    Major findings of the analysis

    The assessment covers two versions of the ROP: one from 2005 and one from April 2006.In the April 2006 version the programme under the Priority Axis 3 Strengthening theregional and local business environment includes an additional Key Area of Interventioncalled Rehabilitation of industrial sites, while in the 2005 version this KAI was missing.

    Assessment of the Key Area of Intervention Rehabilitation of industrial sites indicatesthat this intervention is likely to have significant positive environmental effects and itsinclusion improves an overall balance of positive and adverse environmental impacts of theROP.

    Comparison of both versions of the ROP thus leads to a conclusion that the April and November 2006 versions of the ROP are likely to have more positive environmental effectsthen the 2005 version of the ROP, since:

    It has an additional KAI Rehabilitation of industrial sites in the Priority AxisStrengthening the regional and local business environment

    this KAI includes and corresponds to the priorities provided in the guidelines for SF it enables better integration of sustainable development and environment to the

    ROP.

    Based on the analysis of the environmental status in Romania, focused on the mostimportant environmental issues and problems related to regional development, and basedon the assessment of specific objectives, the SEA team proposes recommended in theglobal objective of the ROP to change the term economic growth into the termeconomic development. The opinion of environmental experts is that economic growth isnot a sustainable concept in the environment where majority of natural resources used for economic development are finite.

    Therefore economic growth is not an acceptable term in the process reaching thesustainable development. SEA team proposed some additions to the Objective 2 and 3 of the ROP, where it recommended to include term sustainable to the business and regionsdevelopment concepts. The same modifications were proposed for Priority axis 3 and 4.

    During the assessment it was determined that the implementation of the objectives and priority axes of the ROP will have some significant environmental effects on theenvironment. Mostly neutral and positive effects are expected from implementation of the projects to be carried out under the ROP. Some significant negative effects may likely take place under priority axis 1 and 3.

    Following modifications of the KAIs were recommended:

    KAI 3.1: Development of sustainable business support structuresKAI 3.2: Industrial sites rehabilitationand renovation of public utility infrastructurein urban areas

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    KAI 5.2: Development of sustainable business environment

    For KAI 1.1, 2.1, 2.2, 2.3, 2.4, 3.3, 4.1, 4.2, 4.3, 5.1 and 5.3 no modifications were proposed. Key mitigation measures recommended for implementation of ROP are:

    projects have to be screen for EIA and if EIAs are carried out, special focus should be given the mitigation of any negative impact on Natura2000, landscapefragmentation and green-field developments;

    all tourism development projects should undergo the EIA in order to enablealternative solutions to any environmentally harmful impacts (e.g. under Carpathian Super-ski development)

    to enable environmental integration into operations supported by ROP it isrecommended to integrate the environmental selection system (criteria) into theoverall project selection system as well as environmental monitoring indicators proposed in this report.

    During the assessment, as additional measure to prevent, reduce and as fully as possibleoffset any significant adverse effects on the environment, a system for environmentalevaluation and selection of project applications was proposed. The system for environmental evaluation was designed in two stages with pre-project environmentalevaluation during project preparation and formal environmental evaluation within officialselection procedures. A draft recommended form for project proposal evaluation fromenvironmental impact point of view was elaborated, which is based on the relevantenvironmental objectives and will enable to assess proposed project impact on the relevantenvironmental objectives.

    During project selection it is recommended to give priority to developments that: promote and enable BATs; promote investments to brownfields versus greenfields; promote minimize and reduce energy efficiency and energy demand and reuse of

    waste; directly address the PT but also in other measures under the ROP; aim at production and replacement of fossil based fuel with bio-fuel promote energy efficiency, environmental services in tourism sector but also such

    tourism activities as eco- tourism, agro- tourism, etc. have greening approach to the landscape and eco-systems, such as rehabilitation

    of the brownfields or afforestation and development of green areas/zones.

    In order to implement the system it was recommended: To incorporate the proposed measures that should be taken to minimise, reduce or offset the likely significant environmental effects of each area of intervention

    provided (outlined in the sub-chapter 8.1) among the core selection criteria for project applications.

    To incorporate the proposed environmental evaluation of project applications intothe overall system of evaluating and selecting projects

    To ensure sufficient personnel and professional capacities for environmental areaswithin the project evaluation

    To ensure that the applicants are informed sufficiently about environmental issuesand about possible links of the draft projects to the environment.

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    To ensure monitoring of environmental effects of the programme a set of environmentalindicators were proposed (coordinated with the national environmental monitoringindicators as well as EEA indicators sets). SEA aimed at establishment of indicators tomonitor effects on each relevant environmental objective. In order to ensure monitoring, itwas recommended:

    To incorporate the environmental indicators proposed into the overall system of monitoring the ROP implementation impacts

    To connect the monitoring system to the system of evaluating and selecting the projects, using environmental criteria;

    To publish the results of monitoring regularly (at least once a year); To ensure sufficient personnel and professional capacities for environmental areas

    within the ROP monitoring; To involve the Ministry of Environment and Water Management into the discussion

    about the overall system of monitoring and especially the way of incorporatingenvironmental issues into the overall system before it is launched;

    To ensure that the applicants are informed sufficiently about environmental issues andabout possible links of the draft projects to the environment.

    Consultations

    The environmental report was prepared in consultations with the Managing Authority.Consultation with other relevant authorities (relevant ministries and agencies) has beendone through the Working Group (WG) established for the purpose of the SEA.

    In order to provide a wider access to the SEA process and, the SEA team initiated theestablishment of the webpage within the Managing Authority where the SEA workingdocuments and other relevant information was posted (www.mie.ro).

    Visitors to the web-site will also be able to comment on the draft SEA documents inwriting and register to take part in the public debate which will take place at the end of theSEA process (to be announced).

    REC Romania created a web-age on its website (www.recromania.ro) dedicated to the Ex-ante Evaluation (EuropeAid/121373/D/SV/RO), which contains the documents producedduring the SEA of ROP. Comments on the draft environmental report for ROP may be sentto the following e-mail address:[email protected].

    Pursuant to the relevant national legislation the public debate was organized after theformal submission of the ROP including this environmental report to the SEA Authority(the Ministry of Environment and Water Management) and the open consultation phase of 45 days with other relevant stakeholders and the public as required by the national law.

    Minutes of the public debate held on the 18th of January and the list of participants are inthe Annex 6. The comments and suggestions raised during this consultation phase and the public debate were considered within the final version of the environmental report and theROP, which will be approved by the Government of Romania.

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    8. Public announcements

    Announcement for starting the SEA procedure 16 and 22 March 2006

    16 March 2006 / Adevarul

    22 March 2006 / Romania Libera

    The Ministry of European Integration, having its headquarters in Bucharest, 12 LibertatiiBlvd., district 5, acting as Managing Authority for Regional Operational Programme,announces the interested public on the elaboration of the first draft of the RegionalOperational Programme, for which the screening stage was started in order to decide if therespective Programme falls under the incidence of strategic environmental assessment(SEA) procedure, in accordance with the provisions of Governmental Decision no1076/2004.

    The above-mentioned programme may be consulted on MEI websitewww.mie.ro, as wellas at MEI premises, Bucharest, Apolodor Street no. 17., district 5, from Monday to Friday, between 09.00 16.30. Remarks, comments and suggestions may be sent at MEWM premises, Bucharest, 12 Libertatii Blvd., district 5, in 18 calendar days following the publication of the present announcement. Contact details: tel. 021/311.41.92.

    Announcement for public hearing

    30 November/ Gandul

    The Ministry of European Integration, acting as Managing Authority for RegionalOperational Programme, announces the availability for the interested public of draftRegional Operational Programme and Environmental Report for the above-mentionedOperational Programme. These documents may be consulted at MEI premises, Bucharest,Apolodor Street no. 17, district 5, MEI information Center, between10.00 16.00, as wellas onwww.mie.ro. Interested public may send written comments and proposals at MEI andMEWM premises (Bucharest, 12 Libertatii Blvd., district 5), in 48 days following the present announcement. In accordance with the provisions of Governmental Decision no1076/2004, the public hearing on the above-mentioned documents will take place onJanuary 18, 2007, starting with 10.00, at MEI premises.

    4 December/ Gandul

    The Ministry of European Integration, acting as Managing Authority for RegionalOperational Programme, announces the availability for the interested public of draftRegional Operational Programme and Environmental Report for the above-mentionedOperational Programme. These documents may be consulted at MEI premises, Bucharest,Apolodor Street no. 17, district 5, MEI information Center, between10.00 16.00, as wellas onwww.mie.ro. Interested public may send written comments and proposals at MEI andMEWM premises (Bucharest, 12 Libertatii Blvd., district 5), in 45 days following the present announcement. In accordance with the provisions of Governmental Decision no

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    1076/2004, the public hearing on the above-mentioned documents will take place onJanuary 18, 2007, starting with 10.00, at MEI premises.

    7 February 2007/ Gandul

    The Ministry of European Integration, acting as Managing Authority for RegionalOperational Programme, announces the interested public that, following the environmentalassessment in accordance with provisions of GD 1076/2004 laying down the procedure for environmental impact assessment for plans and programmes, the Ministry of Environmentand Water Management has decided to issue the environmental permit for RegionalOperational Programme 2007-2013.

    The Regional Operational Programme and the Environmental Report may be consulted onthe following websitehttp://www.mie.ro.

    9. MINUTES OF THE MEETINGS

    The minutes of the scooping meeting

    Grup de lucru pentru Evaluarea Strategic de Mediu pentru Programul OperaionalRegional - a doua ntlnire, 11 septembrie 2006

    Proces verbal

    Ministerul Integr rii Europene, n calitate de Autoritate de Management pentru ProgramulOperaional Regional, a organizat n data de 11 septembrie a.c., a doua ntlnire a Grupului

    de Lucru Interministerial, nfiinat pentru a evalua impactul implementrii ProgramuluiOperaional Regional asupra mediului.

    Lista participanilor i agenda ntlnirii sunt prezentate n anex.

    La aceast ntlnire a grupului de lucru au participati exper ii SEA contractai deMinisterul Finanelor Publice, n calitate de Autoritate de Management pentru cadrul desprijin Comunitar, n cadrul unui proiect de asisten tehnic PHARE, care va sprijinirealizarea activitii de evaluare ex-ante a Programelor Operaionale i a Programelor Complement, elaborate sub Obiectivul Convergen.

    Conform agendei, primul subiect pe ordinea de zi a constat n prezentarea, de ctre exper iistr ini, ale principalelor elemente a procedurii de Evaluare Strategic de Mediu (SEA):

    Dl. Martin Smunty a evideniat scopuli importana procedurii SEA, n procesul deelaborare a planurilor i programelor, n general ( De ce SEA? ) i a programelor operaionale cu finanare din Fonduri Structurale UE, n special ( SEA pentru

    programele finan ate din Fonduri Structurale );

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    Dna. Ausra Jurkeviciute a prezentat, n linii mari, Metodologia procesului deevaluare de mediu - Handbook on SEA for Cohesion Policy 2007 2013, elaboratcu finanare par ial UE i agreat de DG Regioi DG Environment ca ghidconsultativ pentru transpunerea Directivei UE referitoare la SEA. Abordarea celor dou procese de evaluare, ex-antei SEA trebuie s aib o logic similar , avnd nvedere c SEA este o component a evalurii ex-ante n cadrul aceluiai proces de planificare. Au mai fost prezentate o serie de recomandri privind etapeleiconinutul procesului SEA (identificarea principalelor obiective de mediuistabilirea contextului de mediu n care are loc aceast evaluare, stabilirea principalelor prioriti, msuri i activiti ale programului de investiii evaluat,analiza impactului cumulat al programului care va fi implementat, a sistemului demanagement propusi a sistemului de monitorizare).

    n continuare, exper ii SEA au prezentat o propunere de analiz a POR (din punct de vedereal impactului asupra mediului) - sub form tabelar - pe care au elaborat-o, pentru aevidenia relaiile i corelrile care exist, acolo unde este cazul, ntre obiectivele axelor prioritare ale Programului Operaional Regionali obiectivele de protecie a mediului, aacum sunt formulate n documentelei directivele UE.

    n acest sens, dna. director Gabriela Fren a propus clarificarea, de la nceputul procesuluide colaborarei consultare n cadrul acestui grup de lucru, a metodologiei propuse, astfelnct toate propunerile membrilor s se bazeze pe o nelegere comun a modului de lucruadoptat, a conceptelor i instrumentelor utilizate.

    n consecin, referitor la metodologia de lucru propus de exper ii SEA, au fost agreate ncadrul Grupului de lucru urmtoarele:

    Avnd n vedere faptul c structura Programului Operaional Regional va fimodificat, conform recomandrilor CE, n sensul reconfigur rii primei axe prioritare n dou axe prioritare, i anume: una referitoare la reabilitarea /modernizarea infrastructurii regionalei locale de transporti cealalt referitoare lareabilitarea / modernizarea infrastructurii sociale regionale (educaie, sntate,servicii socialei situaii de urgen), care, eventual ar putea fi formulat i ca o prioritate care vizeaz creterea calitii vieii n regiuni, este necesar operareaacestei modificri i n cadrul tabelului, n sensul apariiei unei noi coloane pentruaceast nou ax prioritar .

    Se vor lua n calcul, ntr-o prim faz, doar legturile/relaiile/corelrile care exist ntre obiectivele de mediui prioritile de finanare identificate n cadrul acestui program operaional,i nu neaprat aspecte referitoare la impact. Se va marca cu 1orice gen de relaie semnificativ , care se poate stabili ntre aceste dou componente, fie c este de natur pozitiv sau negativ (n sensul identificriisinergiilor i conflictelor),i cu zero, o situaie care nu prezint nici un fel deinteraciune/influen ntre acestea.

    S-a discutat, de asemenea,i momentul pentru care se face aceast analiz deinteraciune: pe parcursul implementrii programului (avnd n vedere faptul c majoritatea proiectelor presupun lucr ri de execuie, i implicit deschiderea unuiantier, etc.) sau dup finalizarea lucr rilor cai efecte directe rezultate n urmaimplementrii programului. S-a stabilit s fie luate n considerare doar efectelerezultate n urma implementrii programului.

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    Avnd n vedere faptul c n acest tabel,i implicit n metodologie, exist o serie determeni referitori la mediu, de natur tehnic, i c majoritatea membrilor grupuluide lucru nu sunt specialiti n acest domeniu, consultanii SEA vor transmite unglosar de termeni explicai/definii, astfel nct s existe o nelegere comun aacestor concepte.

    Pe baza celor stabilite, s-a parcurs tot tabelul propus de consultanii SEA,i au fost operatemodificri n anumite cazuri, pe baza sugestiilor membrilor grupului de lucru (de ex. axa prioritar 4 era marcat pentru majoritatea cmpurilor de interaciune cu obiectivele demediu cu 0, ceea ce a fost considerat neadecvat, avnd n vedere complexitatea proiectelor i a impactului generat de implementarea acestora).

    Avnd n vedere faptul c majoritatea membrilor grupului de lucru au considerat c aunevoie de mai mult timp pentru a avea un punct de vedere pertinent/fundamentat pemarginea tabeluluii a punctajului acordat pentru fiecare caz n parte, s-a agreat, mpreun cu consultanii SEA, transmiterea noii metodologii, rezultate n urma discuiilor n cadrulgrupului de lucru, pentru a fi re-analizate de fiecare membru pn vineri, 15 septembriea.c., cnd toate propunerile vor fi centralizate la nivelul Autoritii de Management pentruProgramul Operaional Regional, n vederea sintetizrii lor.

    De asemenea, s-a mai agreat, n principiu, ca urmtoarea ntlnire a grupului de lucru SEA pentru POR s aib loc la sfr itul lunii octombrie/nceputul lunii noiembrie, cnd va fi prezentat/analizat/discutat o prim versiune a raportului de mediu, care va fi elaborat deconsultanii SEA, folosindi informaii/contribuii ale grupului de lucru. n acest sens, s-astabilit meninerea unui contact, n aceast perioad, pe dou paliere:

    ntre consultanii SEA i reprezentanii AM POR, pot avea loc ntlniri bilaterale,ori de cte ori se consider c este necesar, precumi schimb de informaii pe e-mail.

    ntre reprezentanii AM POR (ca interfa ntre grupul de lucrui consultanii SEA)i membrii grupului de lucru, pentru centralizareai sintetizarea punctelor de vederei a diferitelor contribuii ale acestora n cadrul procesului de analizare a impactuluiPOR asupra mediului.

    The minutes of the public debate meeting

    Dezbatere Publica pentru finalizarea Raportului de Mediu elaborat pentru ProgramulOperaional Regional

    -18 ianuarie 2007 -Proces verbal

    Ministerul Integr rii Europene, n calitate de Autoritate de Management pentru ProgramulOperaional Regional, a organizat n data de 18 ianuarie a.c. dezbaterea public n vedereafinalizrii Raportului de Mediu elaborat pentru acest program, conform HG 1076/2004.Lista participanilor i agenda ntlnirii sunt prezentate n anex.

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    Scopul acestei reuniuni a fost prezentareai discutarea diferitelor aspecte referitoare laforma i coninutul raportului de mediu pentru Programul Operaional Regional, care,mpreun cu Programul Operaional Regional, au fost puse la dispoziia publicului larg pentru comentariii observaii pentru o perioad de 45 de zile.

    Primul punct pe ordinea de zi l-a reprezentat o prezentare sintetic a principalelor elementei caracteristici ale Programului Operaional Regional (premise analitice, obiectiv general,obiective specifice) susinut de dna. director Gabriela Fren, urmnd ca fiecare ax prioritar s fie detaliat pn la descrierea potenialelor activiti eligibile i acomplementaritilor i delimitrilor cu activiti eligibile n cadrul altor programeoperaionale, de reprezentanii AM POR responsabili cu axele prioritare (Ionu Sandu,Luciana Sandu, Diana Hangiu, Iuliana Topoleanu, Ionu Trinc).

    Mdlina Istrate (consilier i responsabil SEA POR n cadrul AM POR) a explicat pe scurt pentru participanii la aceast dezbatere public din rndul publicului larg, contextul acesteireuniuni, pornind de la prevederile HG 1076/2004, la etapele parcurse n cadrul Grupuluide Lucru interministerial, necesitateai relevana lurii n considerare att a efectelor negative, ct i a celor pozitivei neutre ale implementrii POR asupra mediuluinconjur tor. Aceast scurt clarificare, pentru participanii care, cel puin oficial nu maiavuseser contact cu aceste informaii, a f cut practic trecerea la urmtorul punct de peagend, cnd dna. Ausra Jurkeviciute (expertul coordonator SEA) a susinut o prezentare,referitoare la raportul de mediu elaborat, respectiv modul n care acesta se conformeaz HG1076/2004, precumi alte aspecte generate de respectarea procedurii SEA:

    Modul n care raportul de mediu se conformeaz HG 1076/2004; Efectele generale ale POR asupra obiectivelor relevante de mediu; Propunere pentru un sistem de evaluarei selecie a proiectelor din punct de vedere

    al mediului; Propunere pentru un sistem de monitorizare a proiectelor din punct de vedere al

    mediului; Procesul de consultare.

    Dna. Ausra Jurkeviciute a menionat la nceputul acestei prezentri timpul foarte scurt avutla dispoziie pentru elaborarea raportului, ceea ce a pus n dificultate desf urarea unor consultri adecvate cu toi factorii interesai i implicai n elaborarea sa. Totodat, au fost prezentate sumar principalele etape parcurse pn n acest moment pentru implementarea procedurii SEA pentru POR:

    Analiza principalelor aspecte de mediu, pe baza documentelor strategice relevante

    la nivel comunitar i naional; Selectarea obiectivelor de mediu relevante pentru POR, aprobate n cea de-a douareuniune a grupului de lucru, din data de 11 septembrie a.c.; aceste obiectivedefinesc scopul evalurii de mediu pentru POR;

    Evaluarea capitolul de analiz din POR pentru identificarea celor mai relevanteaspecte de mediu;

    Evaluareai formularea unor recomandri astfel nct strategia, obiectivelei axele prioritare POR s fie n concordan cu obiectivele de mediu.

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    Dei se estimeaz c Programul Operaional Regional va avea n general efecte pozitiveineutre asupra mediului, exist totui i intervenii care pot genera efecte negative asupramediului. n acest sens, este important ca toate proiectele de investiii s parcurg procedura EIA (Environment Impact Assessment), astfel nct toate posibilele efectenegative asupra mediului s fie identificatei compensate/contracarate la nivel de program.

    Astfel, pentru asigurarea unei abordri prietenoase mediului prin POR, au fost propuseurmtoarele:

    S fie considerate prioritare proiectele care promoveaz sau utilizeaz cele mai bunetehnologii existente;

    S fie considerate prioritare proiectele care promoveaz investiiile n arealebrownfield versus greenfield;

    S se urmreasc minimizarea utilizrii energieii promovarea eficienei energetice; S fie sprijinite investiiile n transportul public; S se evite fragmentarea peisajelor i a eco-sistemului.

    Reprezentanii AM POR au menionat faptul c, n principiu, recomandrile expertului demediu incluse n Raportul de mediu sunt pertinentei relevante pentru atenuarea efectelor negative i asigurarea unei abordri prietenoase asupra mediului prin implementareaPOR. De asemenea, aceste recomandri au fost deja inserate n coninutul variantei POR care va fi oficial transmis serviciilor Comisiei Europene spre analiz, n vederea nceperii procesului de megociere pentru aprobare.

    Urmtorul punct pe ordinea de zi a constat ntr-o scurt trecere n revist a listei cuindicatorii de monitorizare propui pentru a urmri intensitatea efectelor implementriiPOR pe componentele de mediu, avnd n vedere faptul c fa de varianta iniial, aceast propunere a suportat anumite modific n vederea adaptrii numrului i formulriiindicatorilor la specificul POR i a posibilitilor reale de monitorizare. Astfel, dl. SorinVoicescu, reprezentant AMCSC a propus introducerea n tabelul cu indicatori a uneicoloane cu unitile de msur pentru acetia i a sugerat, totodat ca denumirileindicatorilor s fie corelate cu obiectivele relevante de mediu, f r a repeta ns denumireaobiectivului.

    Pentru obiectivele cu nr. 11i 12, pentru care reprezentanii MMGA au remarcatformularea unor indicatori identici, dna. Ausra Jurkeviciute a explicat c n vederea evitriiunei suprancrcri cu indicatori, acetia sunt n anumite cazuri adaptai pentru acorespunde mai multor obiective, ns se va lua n considerare posibilitatea identificrii denoi indicatori pentru obiectivul 11.

    Referitor la modalitatea concret de monitorizare pentru aceti indicatori, ntrebare adresat de dna. Liliana Sitaru, reprezentant MTCT, dna. Ausra Jurkeviciute a explicat faptul c valorile iniiale vor fi oferite de direciile de specialitate ale MMGA, iar valorileintermediare i finale vor fi obinute prin monitorizarea proiectelor care au parcurs procedura EIA,i n consecin, beneficiarii au obligaia de a urmri intensitatea efectelor proiectului asupra componentelor de mediu afectate.

    Reprezentanta Ministerului Sntii, dna. Emilia Niciu a subliniat faptul c, dei proiectul poate avea beneficii pozitive asupra strii de sntate per ansamblu, pot existai anumite

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    segemente/grupuri de populaie care suport consecine negative din acest punct de vedere(de exemplu n faza de construcie, cnd este generat o cantitate foarte mare de praf) caurmare a implementrii proiectului,i n consecin , este necesar prevederea unor costurisuplimentare, eligibile n cadrul proiectului pentru compensarea acestor efecte.

    Dl. Constantin Pulbere, consilier DGEICP, MMGA a precizat faptul c publicul a fostinformat de la inceputul procedurii SEA pentru POR, despre elaborarea acestui document, prin anunuri n mass-mediai pe pagina de internat a titularului. Astfel, toate etapele procedurale referitoare la informarea publiculuii participarea sa la procesul decizional aufost respectate. De asemenea, n aceasta etap, a dezbaterilor publice, este foarte important, pe lng observaiile celorlali participani la discuie (membrii din GL, titular s.a.) ca publicul s aib un rol activ.

    Astfel, dna. Claudia Jianu, reprezentanta unui ONG (Terra Mileniul III) care desf oar activiti i n domeniul Fondurilor Structurale a ntrebat dac prin POR sunt eligibile proiecte adresate problemelor referitoare la managementul apei. Reprezentantul AM POR,Ionu Sandu, a explicat faptul c astfel de proiecte sunt eligibile n cadrul Programului

    Operaional Sectorial Mediu, pentru care Autoritatea de Management este MinisterulMediuluii Gospodririi Apelor.

    O alt ntrebare a dnei. Claudia Jianu s-a referit la modalitatea prin care sunt evitatesuprapunerilei sunt asigurate complementaritile ntre diferitele programe finanate dinfonduri comunitarei, de asemenea, modul n care acest aspect este adus la cunotina publicului larg. Dna. Director Fren a explicat c aspectele referitoare la posibilesuprapuneri ntre diferite programe au fost clarificate pe parcursul procesului de elaborare aacestor documente, att prin ntlniri bilaterale, cti generale ntre instituiile implicateisub coordonarea MFP, instituie responsabil cu asigurarea complementaritii ntre programe. Mai mult, toate programele finanate din fonduri comunitare sunt publicate pe paginile de internet ale instituiilor cu rol de autoritate de managementi de asemenea, suntdisponibile n format fizic la sediile acestora. Coninutul fiecrui program include oseciune dedicat modului n care a fost asigurat complementaritatea cu alte programe, potenial concurente pe aceleai domenii de finanare.

    Dna. Claudia Jianu a mai adus n discuie componena Comitetului de Monitorizare pentruPOR i a dorit s tie dac structura stabilit include ca membrii ONG-uri. Dna. Director Fren a explicat faptul c structura Comitetului de Monitorizare a fost stabilit, ea include25 de membri de baz i 23 de observatorii a confirmat faptul c aceast componen prevedei reprezentani ai ONG-urilor.

    Un alt participant la aceast reuniune, dna. Mariana Ghineraru, consultant independent demediu, a adus n discuie problema siturilor industriale abandonate, caracterizate prin poluare instoric (de 100 de ani),i pentru care poluatorul nu mai poate fi identificat.Pentru ecologizarea acestor platforme, nu mai poate fi aplicat principiul poluatorul pltete, iar dac aceast sarcin revine noilor proprietari, ageni economici, acetia sunt n poziia n care ar trebui s-i investeasc tot profitul obinut sau chiar s falimenteze caurmare a rezolvrii acestor cazuri de poluare grav. ngrijorarea dnei. Mariana Ghineraru provine din faptul c nici un program de finanare nu prevede fonduri pentru rezolvareaacestor probleme,i n consecin, acestea r mn netratate, cel puin pe termen scurtimediu. Propunerea adresat AM POR n vederea soluionrii acestor cazuri const n

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    includerea activitilor de depoluare pentru aceste situri ca activiti eligibile pentrufinanare n cadrul Programului Operaional Regional. Aceeai propunere a fost naintat iMinisterului Mediuluii Gospodririi Apelor, n calitate de minister de resorti Autoritatede Management pentru POS Mediu, dar nu a putut fi acceptat din cauza unui volum limitatde fonduri, care deja a fost alocat pe prioritile de mediu identificate n cadrul capitolului22. Reprezentanii AM POR au explicat faptul c aceast problem, prin natura sa, impuneexpertiz i competene de specialitate n domeniul mediului (sunt necesare o serie de studiide specialitate pentru identificarea poluanilor, pentru tratare lor, etc.),i c n cazul n caretotui aceast propunere ar fi acceptat, fondurile adresate agenilor economici privai nvederea ecologizrii acestor situri ar fi limitate conform prevederilor specifice regulilor ajutorului de stat.

    Totodat, s-a menionat c decizia de finanare a acestor situri prin POR este o decizie politic, recomandndu-se naintarea oficial a acestei propuneri Ministerului Integr riiEuropene.

    Am luat la cuno tin i sunt de acord cu con inutul acestui proces verbal:

    Gabriela Fren director, Direcia Politici Regionalei Coordonare Program,Autoritatea de Management pentru Programul Operaional Regional, MIE

    Constantin Pulbere consilier, Direcia General Evaluare Impacti Controlul Polurii,Ministerul Mediuluii Gospodririi Apelor