Preliminary assessment of the fourth payment request of Romania

The Environmental Protection Agency decision also refers to waste collection in its description of characteristics underpinning the conclusion that the project has no significant impact on the environment (Evidence No. 90, page 2).

• • For the sub-project Scanteia:

o The DNSH analysis states specialised containers will be used to avoid accidental oil pollution (Evidence No. 54, page 10). The water permit requires that measures be taken to prevent and combat accidental pollution (Evidence No. 73, page 4). The Environmental Protection Agency decision includes, as a condition for the decision, that measures be taken to prevent and combat accidental pollution (Evidence No. 90, page 15).

On the basis of the documents referenced above, the Commission considers that the competent authorities have duly assessed and determined that any measures necessary to ensure compliance with the Do No Significant Harm Technical Guidance have been integrated into the project design.

In addition, the Council Implementing Decision states that the measures identified according to the steps described above shall be “strictly complied with at the stages of construction, modernisation, operation and decommissioning”. This requirement is embedded in the aforementioned water management permits (aviz de gospodarira a apelor) for each sub-project (Evidence No. 60 to 78), which stipulate that the conditions for the issuance of the permit itself form part of the approved project documentation and must be complied with at each stage of the implementation, and that failure to comply is punishable under the aforementioned Water Law. Thus, each sub-project is legally bound to comply with the specific mitigating measures identified as necessary to ensure compliance with the Water Framework Directive and maintain the good status or good ecological potential during construction, modernisation, operation and decommissioning.

The table below references where compliance with DNSH technical guidance is confirmed in the DNSH analysis, water management permits and Environmental Protection Agency decisions (Evidence No. 98).

Sub-project       Do         No   Confirmati Water     Confirmati Environmental            Confirmati
                  Significant     on     on manageme on       on Protection                on     on
                  Harm            page       nt permit page       Agency                   page
                  analysis                   (Evidence            decision
                  (Evidence                  No.)                 (Evidence No.)
                  No.)
Măieruș           41              21         60             10           79                1
Grozea            42              21         61             9            80                1
Izvorul Negru     43              8          62             6            81                1
Pârâul Negru      44              56         63             6            82                1
Strâmtura         45              6          64             5            83                1
Scaune

Martinu           46              6          65             4            84                1
Casele Bisocii    47              6          66             4            85                1
Tisău-Cheia       48              6          67             10           86                1
Fetița Mare       49              6          68             5            87                1
Grefeniș and      50              12         69             5            88                1
Schitu

30