Comments on the draft emergency ordinance on protected natural areas, natural habitats and wild flora and fauna

No. 14/ 03.12.2025

Comments on the draft emergency ordinance concerning the regime of protected natural areas, the conservation of natural habitats and wild flora and fauna, submitted to the Environment Ministry today, 3 December 2025

With this letter we submit our comments on the draft emergency ordinance concerning the regime of protected natural areas, the conservation of natural habitats and wild flora and fauna (draft published by the Environment Ministry).

EMERGENCY ORDINANCE

amending and supplementing Government Emergency Ordinance No. 57/2007 concerning the regime of protected natural areas, the conservation of natural habitats and wild flora and fauna

Having regard to the need and urgency of meeting Milestone No. 34 of the National Recovery and Resilience Plan, Investment Measure I.3 “Identification of potential strictly protected areas in terrestrial and marine natural habitats in accordance with the EU Biodiversity Strategy for 2030”, referring to “The entry into force of the legislative act(s) designating strictly protected areas”,

Taking into account the Financing Agreement for implementing reforms and/or investments financed through the National Recovery and Resilience Plan No. 26595/08.03.2022, concluded between the Ministry of Investments and European Projects and the Ministry of Environment, Waters and Forests, which makes the absorption of European funds conditional on making biodiversity conservation measures operational;

Given that designating the strictly protected areas envisaged by Milestone 34 requires defining nationally the concept of a “strictly protected area under the EU Biodiversity Strategy for 2030” and adapting it to distinguish it from other categories of restricted areas currently established nationally, so that the European notion of a strictly protected area is clearly distinguished from the categories of strict protection zones currently existing in national law (for example, strict protection zones in national parks, defined by Article 22(2) of Emergency Ordinance No. 57/2007), which should be renamed scientific protection zones to avoid confusion between terms, and considering that European law takes precedence over national law;

Considering that, in the EU Biodiversity Strategy for 2030: Bringing nature back into our lives and the European Commission’s Guidelines on criteria for designating protected and strictly protected areas, the criteria for designating a strict protection zone/strictly protected area are much less restrictive than the criteria and management regime for a strict protection zone within a national/nature park established under Article 22(2) of Emergency Ordinance No. 57/2007 concerning the regime of protected natural areas, the conservation of natural habitats and wild flora and fauna, approved with amendments and additions by Law No. 49/2011, as subsequently amended and supplemented,

Taking into account the European Union’s adoption of Regulation (EU) 2024/1991 on nature restoration, which sets legally binding targets to restore at least 20% of the EU’s land and sea areas by 2030 and all ecosystems needing restoration by 2050, and considering that Romania, as a Member State, must incorporate these targets into national law to reverse biodiversity decline and rebuild degraded ecosystems;

Having regard also to the EU Biodiversity Strategy for 2030, which asks Member States to create a coherent trans-European network of protected natural areas, emphasizing ecological corridors to ensure habitat connectivity, and to the Habitats Directive, which already requires assessment of the coherence of the Natura 2000 network in terms of connectivity; consequently, provisions on identifying and protecting ecological corridors nationally must be strengthened;

Acknowledging the principle of “do no significant harm” to biodiversity enshrined in Regulation (EU) 2020/852 of the European Parliament and of the Council on the taxonomy of sustainable investments, under which economic activities must be conducted so as not to significantly affect protected natural areas and wild species; this approach requires strengthening the national regulatory framework to prevent any harmful activity in areas of high natural value, ensuring that economic development proceeds sustainably and responsibly toward natural heritage;

Considering international and European good practices emphasizing the importance of involving landowners and local communities in nature conservation measures through consultation and fair compensation mechanisms where land-use restrictions are necessary to protect biodiversity; also considering that effective management of strictly protected areas entails strict regulation and firm enforcement of restrictions and monitoring of permitted activities to ensure conservation objectives are achieved;

On the basis that legislative intervention must occur as soon as possible for Romania to meet biodiversity enabling conditions and avoid losing European funds in the new budget programming period,

Whereas the above elements constitute the premises of an urgent and extraordinary situation whose regulation cannot be deferred, requiring immediate measures to establish an appropriate regulatory framework, and considering the negative consequences for the state budget and natural heritage that would arise without these measures,

Given that these elements concern the general public interest and constitute extraordinary situations that cannot be delayed,

Pursuant to Article 115(4) of the republished Constitution of Romania,

The Government of Romania adopts this emergency ordinance:

Text proposed by the Government of Romania

Proposed amendments

Rationale

Art. I. – Government Emergency Ordinance No. 57/2007 concerning the regime of protected natural areas, the conservation of natural habitats and wild flora and fauna, published in the Official Gazette of Romania, Part I, No. 442 of 29 June 2007, approved with amendments and additions by Law No. 49/2011, as subsequently amended and supplemented, is amended and supplemented as follows:

1. In Article 4, after point 40, point 41 is inserted with the following wording:

“41. biodiversity priority areas – areas designated to conserve and/or restore the integrity of biodiversity-rich natural areas whose underlying ecological structure supports natural environmental processes, the structure and functions of these areas having to be protected against any pressures and threats, whether originating within or outside them.”

“41. strictly protected areas – areas designated to conserve and/or restore the integrity of natural areas rich in biodiversity, whose underlying ecological structure supports natural environmental processes. The structure and functions of these areas must be protected against any human pressures or threats, whether originating within or outside the areas.”

We request that “strictly protected areas” under the EU Biodiversity Strategy for 2030 be adopted into national law exactly as envisaged by the EU, respecting the term in its original form and ensuring full compatibility with other areas designated at Community level, forming the network of strictly protected areas on 10% of the territory.

Art. 12 – (1) On receiving the documentation necessary to establish protected natural area status, the competent environmental protection authorities must notify landholders and land managers and initiate consultations with all stakeholders.

(2) Until the procedure for establishing the protection regime of protected natural areas is completed, holders of assets of natural heritage value, irrespective of the land’s designated use, shall apply and comply with the provisional protection, conservation and use measures established by the competent environmental protection authorities under this emergency ordinance.

The prevention principle must be defined through provisional protection measures for areas to be designated as strictly protected, to avoid their degradation or compromise before approval by a legislative act.

1. After Article 14, a new article, Art. 141, is inserted with the following wording:

“Art. 141 – (1) Biodiversity priority areas, as defined in Article 4 point 41, shall be designated by inclusion in the National Catalogue of Biodiversity Priority Areas, approved by order of the head of the central public environmental protection authority.

“Art. 141 – (1) Strictly protected areas, as defined in Article 4 point 41, shall be treated as protected natural areas of Community interest under Article 5(1)(c), approved by Government Decision in accordance with Law No. 5/2000 approving the National Spatial Plan – Section III – protected areas and Government Emergency Ordinance No. 57/2007 concerning the regime of protected natural areas, the conservation of natural habitats and wild flora and fauna, approved with amendments and additions by Emergency Ordinance No. 49/2016, as subsequently amended and supplemented, Article 4(1) and Article 6(1) and (2).

The proposal in “Art. 141 – (1) is not justified insofar as it establishes a “National Catalogue of Strictly Protected Areas”, which both further bureaucratizes protected-area administration and fails to comply with current legislation.

Emergency Ordinance 57/2007 Article 5 (1) To ensure special in situ protection and conservation measures for natural heritage assets, a differentiated regime of protection, conservation and use shall be established according to the following categories of protected natural areas: (c) of Community interest or “Natura 2000” sites: sites of Community importance, special areas of conservation, special protection areas for birds;

Under Law No. 5/2000 approving the National Spatial Plan – Section III – protected areas and Government Emergency Ordinance No. 57/2007 concerning the regime of protected natural areas, the conservation of natural habitats and wild flora and fauna, approved with amendments and additions by Emergency Ordinance No. 49/2016, as subsequently amended and supplemented:

“Art. 4. – (1) Protected natural areas of national, international and Community interest are listed in Annex I, hereinafter the Consolidated List of Romania’s Protected Natural Areas. (2) The regime of protected natural areas shall be regulated by special law.” 3. Article 6 shall read as follows:

Art. 6. – (1) Annexes I and II shall be updated periodically as new natural heritage values are identified, new protected natural areas are designated under the law, and changes occur to protected values.

(2) Annexes I and II shall be updated by Government Decision on the proposal of the central public environmental authority. (3) The boundaries of protected natural areas in the consolidated list shall be established in accordance with technical specifications within Romania’s national spatial information infrastructure and made available to stakeholders by the central public environmental authority.

Art. 141 – (2) Biodiversity priority areas shall be established according to the identification criteria and substantiation form set out in the Methodology for Identifying Biodiversity Priority Areas, approved by order of the head of the central public environmental protection authority.

Art. 141 – (2) Strictly protected areas shall be established on the basis of scientific criteria and a single methodology, under the Methodology for Identifying Strictly Protected Areas, approved by order of the head of the central public environmental protection authority. The identification methodology shall include selection criteria, a standard assessment form (including proposed minimum conservation measures) and the public consultation procedure.

Art. 141 – (3) Biodiversity priority areas shall be managed differently according to their characteristics, as follows:

a) under a non-intervention regime, in areas where natural processes are not disturbed by human factors;

b) under an active management regime, in areas where management measures are necessary to support or improve natural processes and these areas’ ecological structure and functions.

Art. 141 – (3) Strictly protected areas shall be managed differently according to their characteristics, as follows:

a) under a non-intervention regime, in areas where natural processes proceed undisturbed by human factors, particularly forest areas (e.g. virgin ecosystems, intact primary habitats, scientific reserves, old-growth forests, dwarf mountain pine habitats, priority habitats under the Natura 2000 directives);

b) under an active management regime, in semi-natural areas where management measures are necessary to support or improve natural processes and these areas’ ecological structure and functions.

c) in the areas defined in point (a), only nature restoration activities shall be permitted, except in scientific reserves and virgin and quasi-virgin forests;

d) in the areas defined in point (b), only mowing, low-intensity grazing and nature restoration activities shall be permitted, as provided for in the conservation measures of the identification methodology/management plans

(4) Strictly protected areas shall be administered by the National Agency for Environment and Protected Areas.

Art. 141 – (4) The biodiversity priority areas referred to in paragraph (1) comprise:

a) scientific reserves;

b) strict protection zones in national and nature parks;

c) strictly protected zones in biosphere reserves;

d) virgin and quasi-virgin forests;

e) integral protection zones in national and nature parks;

f) the Romanian territory of the UNESCO World Heritage Site “Ancient and Primeval Beech Forests of the Carpathians and Other Regions of Europe”;

g) natural monuments;

h) nature reserves, as applicable;

i) other land and sea areas established under the Methodology for Identifying Biodiversity Priority Areas referred to in paragraph (2).

Art. 141 – (4) The strictly protected areas referred to in paragraph (1) comprise:

a) scientific reserves;

b) strict protection, integral protection and sustainable conservation zones in national parks;

c) strict protection and integral protection zones in nature parks;

d) strictly protected zones in biosphere reserves;

e) virgin and quasi-virgin forests;

f) old-growth forests of high conservation value (in the EU sense);

g) the Romanian territory of the UNESCO World Heritage Site “Ancient and Primeval Beech Forests of the Carpathians and Other Regions of Europe” and its buffer zone;

h) natural monuments;

i) nature reserves;

j) other land and sea areas established under the Methodology for Identifying Strictly Protected Areas referred to in paragraph (2).

Art. 141 – (5) The biodiversity priority areas referred to in paragraph (1) shall be managed as follows:

a) under the approved management plans and this emergency ordinance, for the areas referred to in paragraph (4)(a)–(c), (e), (g) and (h);

b) under measures specific to forests with special protection functions where harvesting timber or other products is prohibited, for the areas referred to in paragraph (4)(d) and (f).

c) under the measures established upon designation, for the areas referred to in paragraph (4)(i).

Art. 141 – (5) The strictly protected areas referred to in paragraph (1) shall be managed as follows:

a) under the approved management plans and this emergency ordinance, which shall be amended to incorporate the management measures established for strictly protected areas, taking precedence over any conflicting provisions

b) until revised management plans are adopted/amended, the management measures established upon designation of strictly protected areas shall take precedence over any other provisions

c) management plans shall be revised to include the conservation measures for strictly protected areas provided in the scientific designation form within 1 year of the adoption of this emergency ordinance

Art. 141 – (6) The biodiversity priority areas referred to in paragraph (4) shall be established on the basis of:

a) the substantiation form identifying biodiversity priority areas, also including conservation measures;

b) vector cartographic documentation in the Stereo 70 coordinate system, in .shp file format, with the biodiversity priority area’s boundaries endorsed by the land manager;

c) the opinion of the Romanian Academy.

Art. 141 – (6) Establishing the protection regime for strictly protected areas shall be based on the following technical and scientific documentation, which must be prepared and submitted to the competent authority:

a) the scientific substantiation form identifying the strictly protected area, including a description of ecological characteristics, the list of species and habitats of interest, proposed conservation objectives and recommended management measures (non-intervention or active actions, as applicable);

b) cartographic documentation – GIS maps and boundaries (in the national coordinate system – Stereo 1970), in digital format (.shp file), with the precise boundaries of the strictly protected area;

c) the opinion of the Romanian Academy.

Art. 141 – (7) Designating the biodiversity priority areas referred to in paragraph (4)(i) shall require the owner’s agreement by private signed document for privately owned assets or, for assets in the public or private ownership of local administrative units, a local or county council decision endorsing the administrative area within the proposed zone, as applicable.

Art. 141 – (7) The effective designation of strictly protected areas as protected areas of Community interest shall be made by Government Decision under Article 5(1)(c) and Law No. 5/2000 approving the National Spatial Plan – Section III – protected areas and Government Emergency Ordinance No. 57/2007 concerning the regime of protected natural areas, the conservation of natural habitats and wild flora and fauna, approved with amendments and additions by Emergency Ordinance No. 49/2016, as subsequently amended and supplemented, Article 4(1) and Article 6(1) and (2), following scientific endorsement and consultation of landowners/managers, irrespective of ownership form, under Articles 6 and 7.

For privately owned assets, inclusion in a strictly protected area shall be accompanied by adoption of a compensation mechanism for owners consisting of one of the following:

(a) payment of fair financial compensation;

(b) exchange of the land held for other land of at least equivalent ecological and economic value.”;

(c) purchase of the land by the Romanian state;

(d) Donation to the Romanian state

This amendment removes landowners’ veto over the designation of new strictly protected areas, aligning national law with European Union objectives for expanding protected areas. The EU Biodiversity Strategy for 2030 envisages increasing protected territory to 30% and placing at least 10% (one third) under strict protection – including all primary and old-growth forests – by 2030. To achieve these mandatory targets, Member States are asked to designate valuable areas on scientific criteria, without being obstructed by owners’ opposition. In addition, the new Regulation (EU) 2024/1991 on nature restoration requires national ecosystem restoration plans (including forests and other habitats) covering at least 20% of the territory by 2030, emphasizing the urgency of establishing strictly protected areas in which rich biodiversity is effectively conserved.

By removing owners’ veto, the proposal enables the efficient designation of strictly protected areas (such as primary forests, intact habitats, etc.) in accordance with EU commitments. At the same time, introducing a mandatory compensation mechanism (compensation, land exchange or purchase) guarantees respect for property rights and the principle of budgetary balance. Recent experience in Romania shows that the absence of a functional compensation system for restrictions imposed on owners has created tensions and hindered expansion of the protected-area network. For over a decade, the state has failed to implement this compensation transparently, fuelling local opposition to new conservation measures. The current proposal remedies the situation, offering owners either fair financial compensation or the possibility of a land exchange for other land of equivalent ecological and economic value. This alternative to conventional expropriation can reduce the direct financial burden on the state, efficiently using available public land for biodiversity conservation. Romanian law already recognizes protected-area owners’ right to compensation or tax concessions for imposed restrictions; the proposed mechanism thus continues these principles, ensuring a fair balance between the public interest (protecting natural capital) and private rights. The measure also follows the spirit of Regulation (EU) 2020/852 on sustainable taxonomy, which establishes protection and restoration of biodiversity and ecosystems as one of six central environmental objectives. Consequently, public conservation actions – including land exchanges to create protected areas – are encouraged as part of the transition to a sustainable economy, provided they do no significant harm to other environmental objectives (the taxonomy’s Do No Significant Harm principle).

Through this reformulation, Romania strengthens its legal framework to designate strictly protected areas rapidly, while ensuring adequate compensation instruments. The measure enables the EU 2030 targets for strictly protected areas and conservation of primary and old-growth forests to be met, while reducing pressure on the public budget by offering land exchange as an alternative to monetary compensation.

Article 6 of Emergency Ordinance 57/2007

Establishing protected natural area status takes priority over any other objectives, except those concerning:

a) ensuring national security;

b) ensuring the safety and health of people and animals;

c) preventing natural disasters.

Article 7

The protection regime shall be established irrespective of the land’s designated use and holder, and compliance shall be mandatory under this emergency ordinance and other relevant legal provisions.

Support measures: The central public environmental protection authority may establish, in collaboration with other authorities, financial support or compensation mechanisms for owners and managers of land included in strictly protected areas, to ensure long-term compliance with the protection regime. These mechanisms may include compensation for income lost due to land-use restrictions, payments for ecosystem services, tax concessions (e.g. exemptions/reductions of local taxes and charges) or subsidies through the Environment Fund and other public funds. Compensation shall be established and granted in accordance with applicable national and European legislation (including state aid rules where relevant), considering equity and the sharing of conservation benefits with landholders.

1. The scientific character of proposed areas is incompatible with endorsement by owners

Identifying areas of high ecological value relies on scientific criteria (naturalness, ecological connectivity, natural processes, functional types, absence of human pressures, presence of protected species and habitats), describing an objective ecological reality, independent of the land’s legal regime.

Having owners endorse proposals at the designation stage superimposes two incompatible dimensions:

– the scientific dimension (ecological values),

– the property dimension (the owner’s interest).

The owner’s role is relevant at the management stage, not at the scientific identification and designation stage.

2. Owners’ agreement is impossible to obtain without a compensation mechanism

There is currently no clearly defined compensation scheme (eligibility, amount, procedure). Without compensation established before agreement is requested, owners cannot give informed consent.

This situation creates a non-functional circularity:

– agreement cannot be obtained without compensation,

– compensation cannot be established without designation,

– designation therefore becomes impossible.

Consultation experience already shows that owners cannot accept restrictions without explicit reimbursement, making the provision difficult to implement in its current form.

Art. 141 – (8) After designation of the biodiversity priority areas referred to in paragraph (4), the documents provided in paragraph (6) shall be published on the central public environmental protection authority’s website.”

Art. 141 – (8) Transparency and consultation: after identifying a new priority area (the category in paragraph (5)(i)), the central public environmental protection authority shall publish the designation proposal on its website with the documents provided in paragraph (6), and organize a public consultation with stakeholders (including owners, local communities and NGOs). Comments and owners’ agreement on the choice of compensation measure, as applicable, shall be compiled and attached to the documentation submitted for approval.

Formalization and publication: The Government Decision amending the boundaries established by Emergency Ordinance 49/2016 shall be published in the Official Gazette of Romania, Part I, and on the authority’s website. The documentation provided in paragraph (6)(a) and (b) for the designated area shall be publicly available through the electronic platform dedicated to protected natural area administration.

1. Article 15 is amended to read as follows:

“Art. 15 – Protected natural areas, ecological corridors and biodiversity priority areas shall mandatorily be recorded by the National Agency for Cadastre and Land Registration in national, zonal and local spatial and urban plans, cadastral plans and land registers, and by the central public agricultural authority in the Land Parcel Identification System (LPIS).”

Art. 15 – Protected natural areas, ecological corridors and strictly protected areas shall mandatorily be recorded by the National Agency for Cadastre and Land Registration in national, zonal and local spatial and urban plans, cadastral plans and land registers, and by the central public agricultural authority in the Land Parcel Identification System (LPIS).”

Paragraph (2) is inserted – Cadastral plans, land registers and the Land Parcel Identification System shall be amended to include all measures provided in management plans and the scientific substantiation form prepared for classification as a strictly protected area.

Paragraph (3) is inserted – The measures provided in Article 15 paragraphs 1 and 2 shall be implemented within 1 year of this emergency ordinance entering into force.

This amendment strengthens the institutional obligation to integrate spatial information on protected and related areas into official databases and urban planning documentation. Beyond the previous wording, it explicitly adds ecological corridors (as defined in Article 4 point 20 of Emergency Ordinance 57/2007) and strictly protected areas as elements that must be visibly recorded in cadastral plans and maps. The aim is to prevent inadvertent breaches of the protection regime during spatial planning or authorization of works, ensuring that all actors (local authorities, developers, farmers) know where these sensitive areas are located.

Art. 22

(1) Internal zoning of national and nature parks shall be established through the management plan, approved by the central public authority for environmental protection and forests, defining and delimiting scientific protection zones, integral protection zones, buffer zones and zones for sustainable development of human activities, as applicable. The deadline for preparing the management plan is a maximum of 2 years after the administration contract is signed.

(2) Scientific protection zones are areas within national and nature parks of great scientific importance, including both scientific reserves and wilderness areas where human intervention has been absent or very limited.

Given that designating the strictly protected areas envisaged by Milestone 34 requires defining nationally the concept of a “strictly protected area under the EU Biodiversity Strategy for 2030” and adapting it to distinguish it from other categories of restricted areas currently established nationally, so that the European notion of a strictly protected area is clearly distinguished from the categories of strict protection zones currently existing in national law (for example, strict protection zones in national parks, defined by Article 22(2) of Emergency Ordinance No. 57/2007), which should be renamed scientific protection zones to avoid confusion between terms, and considering that European law takes precedence over national law;

1. In Article 52(1) of Emergency Ordinance No. 57/2007, after point (j), two new points, (k) and (l), are inserted with the following wording:

“(k) carrying out any works, construction, logging, resource extraction activities or other actions breaching the protection regime of a strictly protected area, as established under Article 14^1, where the act does not fall under point (l) shall be punishable by imprisonment from 3 months to 1 year or a criminal fine**;**

(l) the act provided in point (k) that results in significant deterioration of natural habitats or populations of protected species in the biodiversity priority area shall be punishable by imprisonment from 6 months to 3 years or a criminal fine, depending on the severity of the outcome**.”**

It is proposed to strengthen the sanctions regime for breaches of rules in strictly protected areas (ZPS), raising these acts from administrative offences to criminal offences. This aligns national law with European requirements to combat environmental crime and effectively protect valuable natural areas. Directive 2008/99/EC on the protection of the environment through criminal law requires Member States to criminalize, among other things, “any conduct which causes the significant deterioration of a habitat within a protected site”. In practice, this means destruction or severe degradation of habitats in a protected area must be treated as a criminal offence, punishable by imprisonment, to ensure a deterrent effect. EU case law and policy emphasize that sanctions for breaches of environmental law must be effective, proportionate and dissuasive, particularly for Natura 2000 protected areas or habitats of Community importance.

In this context, the new proposal introduces graduated criminal penalties for breaches of the biodiversity priority area (ZPB) regime. Any illegal logging, unauthorized construction, habitat destruction or other prohibited activity in a priority area becomes a criminal offence (point (k)), similar to acts already criminalized in protected natural areas (e.g. construction outside permitted national park zones). Moreover, if such actions have serious consequences – such as significant degradation of the protected ecosystem or loss of the species for which the area was designated – they shall constitute an aggravated offence (point (l)) with increased penalties, analogous to environmental criminal law provisions (which prescribe higher limits when acts seriously threaten environmental health). This differentiation ensures penalties are proportionate to the act’s severity, enabling courts to punish the destruction of highly valuable habitats more severely.

Adopting criminal offences for ZPB is essential to ensure strict compliance in these protected areas, in accordance with EU objectives. The EU 2030 Strategy and the new nature restoration law emphasize strict protection of the most valuable 10% of the territory and preventing any degradation. This cannot be achieved without firm criminal penalties against illegal logging and all destructive activities in such areas. By making these acts criminal offences, Romania improves its compliance with Directive 2008/99/EC and follows EU practices requiring criminal penalties for serious environmental offences. It also strengthens the role of criminal investigation bodies (police, prosecution) in investigating and deterring these acts, discouraging illegal logging, poaching, construction and other illicit activities threatening the integrity of high-biodiversity areas. In conclusion, the proposed amendments to Article 52 of Emergency Ordinance 57/2007 ensure a sanctions framework appropriate to the exceptional importance of strictly protected areas. These areas shall receive real protection: on the one hand, through firm prohibition (without the possibility of owners’ opposition) and fair compensation for imposed restrictions; on the other, through criminal penalties for any breaches of their regime. The measures are fully justified by the EU commitments and legislation mentioned – EU Strategy 2030, Regulation 2024/1991, Regulation 2020/852 – and shall help conserve natural heritage for future generations, at an affordable cost and with fair mechanisms for all stakeholders

1. After Article 56, a new article, Art. 56^1, is inserted with the following wording:

“Art. 56^1 – (1) Within 12 months of this emergency ordinance entering into force, the Ministry of Environment, Waters and Forests, as the central public environmental protection authority, shall prepare the National Nature Restoration Plan. This strategic plan shall include measurable objectives, actions and indicators for restoring degraded ecosystems in Romania, both inside and outside protected natural areas, emphasizing natural habitats in poor conservation condition. The national plan shall establish measures contributing to the targets set by Regulation (EU) 2024/1991 on nature restoration – particularly restoring at least 20% of the country’s land and sea area by 2030 – and detail phased actions for the 2030, 2040 and 2050 horizons, aligned with the deadlines of that European regulation.

(2) The National Nature Restoration Plan shall be prepared using the best available scientific data, consulting stakeholders (including local authorities, communities, landowners, environmental organizations and academia) and in coordination with other national strategies and plans (such as the national biodiversity strategy, Natura 2000 site management plans, the national afforestation plan, etc.). The plan shall prioritize identification of Natura 2000 sites and other protected natural areas requiring ecological reconstruction, which shall be considered strategically important for achieving EU objectives (see the provision that Member States shall prioritize Natura 2000 sites when implementing restoration measures until 2030).

(3) The plan shall also contain a multiannual financing programme identifying available sources (European funds – e.g. operational programmes, the Environment Fund, National Recovery and Resilience Plan funds, the national budget, etc.) and monitoring and reporting mechanisms. The central public environmental authority shall submit the National Nature Restoration Plan to the Government for approval and, following adoption, to the European Commission in accordance with the reporting obligations established by Regulation (EU) 2024/1991.

(4) Implementing the National Nature Restoration Plan shall be mandatory for all authorities and entities identified in it. Progress shall be monitored annually, with the Ministry of Environment, Waters and Forests publishing an annual report on the state of nature restoration measures and updating the Plan whenever necessary according to results or new international biodiversity obligations assumed by Romania.”

Article 56^1 transposes into national law the requirement to prepare a national restoration plan, coordinated with the new EU regulation in this field. This provision ensures advance planning of the actions needed to achieve ambitious nature restoration objectives (20% of ecosystems by 2030, 90% of degraded habitats restored by 2050, etc. – according to the EU Regulation’s targets). It also establishes monitoring and reporting obligations, aligning Romania’s efforts with Europe’s collective undertaking to restore degraded ecosystems and fulfil commitments under the EU Biodiversity Strategy for 2030 and the 2022 Kunming-Montreal Global Biodiversity Framework. Prioritizing Natura 2000 sites reflects both the European regulation’s requirement and the efficiency of concentrating efforts where ecological and financial benefits can be greatest.

Art. II. – The order of the head of the central public environmental protection authority referred to in Article 141(2) of Government Emergency Ordinance No. 57/2007, approved with amendments and additions by Law No. 49/2011, as subsequently amended and supplemented, shall be published in the Official Gazette of Romania, Part I, within 60 days of this emergency ordinance entering into force.

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The compensation mechanism provided in Art. 141 – (7) shall be approved by Government Decision within 90 days.

In designating “strictly protected areas”, please also consider Emergency Ordinance 57/2007 to avoid situations like those seen publicly, where the absence of state authority allows numerous voices of rejection and opposition to proposals, even though mayors have sworn to uphold the Constitution and state laws. Avoid the dissolution of the Environment Ministry’s authority – a central authority that we all need to serve the national public interest rather than the local one.

We ask you to send us a registration number and communicate your response to the requests in this letter within the statutory deadline at: office@agentgreen.ro and contact@tarcu.ro and asociatiaecolegal@gmail.com.

If the methodology does not yield a final percentage of at least 10% of Romania’s territory, including all old-growth forests (including those in functional types T3 and T4) and the most valuable ecosystems as strictly protected areas, we reserve the right to notify the European Commission, with the risk of an unwanted loss of National Recovery and Resilience Plan funding.

Yours sincerely,

Gabriel Paun, president of Agent Green, on behalf of:

Asociația Agent Green, office@agentgreen.org

Asociația Altitudine, contact@tarcu.ro

Asociația EcoLegal, asociatiaecolegal@gmail.com