Regulation on the functioning, duties and the rights of Regional Environmental Agencies (REA)

REGULATION THE FUNCTIONING, DUTIES AND THE RIGHTS OF REGIONAL ENVIRONMENTAL AGENCIES (REA) Introduction This regulation determines the manner of REA-s activity, as well the duties and the rights of its staff. the REA-s activity is based on "The Environmental Law" nr 7664, dated 21.1.1993, at respective decisions of the council of Ministers, at all legal and sublegal acts as well regulations and decisions promulgated by the CEP. I. The Generals REA-s are specialised organs for environmental control and their activity is exercised in each prefecture. The REA-s duties and rights are: A) To help and to control the implementation of laws and other sublegal acts for the protection of environment. B) To present a written rapport once at every 3 months at respective directorate of CEP on prefecture environmental situation. C) To collect information and register data on: the level of concentration of polluters in water, soil and air; implementation of different activities which has an impact on environment management of natural resources, D)To implement studies for the protection of environment at local and regional level E) To plan and implement the inspection of different activities at the area of its activity. F) To make control act and to set fines according to the law nr. 7664, dated 21.1.1993 on "Environmental Protection", as well to keep to their gathering. G) At that region where there is a protected area (designated such as), to control their management H) To organise environmental impact assessment of the projects which get a license at REA-s, because are qualified, according to environmental law, investments with local character. II. The duties and the rights of REA-s chief. A) Manage the REA-s task in accordance with the requests of legal and sublegal acts on environment. B) Compiles REA-s job plan. C) Follows and controls the implementation of duties which are at inspectors charge. D) Organises the job for implementation, in time and with quality, of inspectors duties. E) Compiles graphics to control different activities in the area of prefecture. 2 F) Prepare draft-legal and sublegal acts on environment. G) Co-operates with other control bodies for activity co-ordination. Gj) Compiles annual draft-budget for REA-s expenses. H) Follows the implementation of expenses and incomes of REA-s. J) Signs the REA-s correspondence with regard to environmental problems. K) Organise participation in surveys for environmental impact assessment. L) He is the responsible for sending, in time, at archive the REA-s documents. M) Proposes for REA-s inspectors payments and disciplinary measures, as well for their participation at national and international environmental activities. N) Reports and replies for implementation of REA-s duties at the CEP Chairman and Directors according to the problem. III. The duties and the rights of REA-s inspectors A) Controls, at its jurisdiction area, the implementation of environmental protection legislation. B) Accomplish scientific-technical studies on environment and reports at REA-s for scientific-technical issues. C) Take part in the preparation of legal and sublegal acts on environment D)Elaborates data and gives its thought on a time limit for environmental impact assessment on activities in charge to control E) Takes part at environmental impact assessment survey of its activities and prepare respective documentation F) Carry on controls at different sectors on environmental issues G) Response for implementation of duties at the head of REA-s. H) Has penal responsibility on implementation of financial procedures, documents them and gives permission for their control at any time by REA-s head. J) Prepare a report an its job monthly done, a report on financial income and the job plan for the next month. Presents these reports at the REA-s head every month. K) Inspector is responsible for the use and maintenance of all the equipment which are in the charge of him and collective. I) Has the right to inform, with initiative, for the problems which disturb him. 3 M) Inspector takes decision for its made control-acts. N) Inspector can not accomplish inspections out of its prefecture. O) To realise better the control on environment, inspector cooperate with other control bodies in prefecture. Q) Control and establish fines on juridical and physical persons, when their activity is against legal and sublegal acts on environmental protection. Translated by Arben PUSTINA 22.06.1995.