Economic and financial mechanism
The National Administration «Romanian Waters» is the sole operator for natural or arranged surface water resources, regardless of the holder with any title of the development, and for groundwater resources, regardless of their nature and related installations, for which purpose it allocates the right to use water resources with their natural potentials, under the law, except as expressly provided for in the specific regulations in force.
With Romania's accession to the EU, the European Directive 2000/60/EC had to be implemented, which states as basic principles in water management the following:
· Full recovery of water management costs (quantity and quality);
· Final users of water pay (communal management operators, industrial economic operators, economic operators producing electricity, irrigation, aquaculture-fish farming);
· Water polluters (in any form of pollution) pay;
· Stimulating users of water resources to protect them.
In order to implement these principles, it is necessary to implement the economic mechanism approved by Government Emergency Ordinance 107/2002 on the establishment of the National Administration "Romanian Waters", with subsequent amendments and completions.
The specific economic mechanism in the field of quantitative and qualitative management of water resources includes the system of contributions, payments and penalties, as part of the financing method based on economic principles of the National Administration "Romanian Waters", in order to ensure the water resource, both quantitatively and qualitatively, in accordance with Article 4 paragraph (5) of Government Emergency Ordinance no. 107/2002 on the establishment of the National Administration "Romanian Waters" approved with subsequent amendments and additions.
The National Administration «Romanian Waters» applies the system of contributions, payments, tariffs and specific penalties for water resources management, to all water users, regardless of the owners of the facilities and installations by any title.
The system of contributions, payments and penalties is based on the principles of the user, i.e. the polluter pays , depending on the activities performed, as well as on the principle of rational use of water resources . Depending on the use of water resources, bonuses may be granted to users who demonstrate care for the use and protection of water quality or penalties for users who deviate from contractual provisions.
The penalties apply to those water users who deviate from the regulated provisions, both for exceeding the quantities of water used and for the concentrations of impurifying substances discharged into water resources. The amount of specific contributions for water resources management, tariffs and penalties is provided for in the legislation in force and is periodically updated by Government Decision, at the proposal of the central public authority in the field of water.
In accordance with the Water Law nr. 107/2002, with subsequent completions and amendments, the National Administration "Romanian Waters" is the only institution entitled to apply the system of contributions, payments and penalties for specific water management activities to all users, regardless of the holder with any title of the development, as well as from underground sources, except geothermal waters.
According to Government Emergency Ordinance nr. 107/2002 regarding the establishment of the National Administration "Romanian Waters", approved with amendments and completions by Law nr. 404/2003, with subsequent amendments and completions, provides for the following specific contributions:
Contribution for the use of water resources by categories of resources and users;
Contribution for receiving wastewater into water resources;
Contribution for hydropower potential provided by dams of reservoirs administered by the National Administration "Romanian Waters";
Contribution for the exploitation of mineral aggregates in riverbeds and banks.
For each of the above, water users must submit to the National Administration "Romanian Waters", or, as the case may be, to the Basin Water Administrations, its subordinated units, depending on the place where they operate, the documents necessary to obtain regulatory acts. In order to submit the necessary documents for regulation (approval, as the case may be, authorization), water users will consult the Water Law no. 107 of 2002, with subsequent amendments and completions, GD no. 1202 of December 2, 2010, on updating the amount of specific contributions for water resources management, as well as the Orders:
