the Emergency Ordinance 79/2017, which imposed the so-called “tax revolution”, has outraged thousands of romanians, not only by its provisions, but also by omissions that it contains. The government has promised that it will rectify the omissions by subsequent acts.
on The same day, the Government adopted another Emergency Ordinance, 78/2017, amending the Water Law, but this has not been the same sloppy, but worked with the thoroughness of a chinese man who writes a novel on a grain of rice. Through a change of great finesse, the Government has removed almost completely the restrictions of building on the banks of the waters and of the lakes, the only condition being that the project, no matter where it’s located, to have provided for defence works against the floods.
the Eternal pretext: the EU directives
the Justification for the elaboration of the emergency ordinance consisted in the transposition into national law of directives of the European Union – and to a large extent the ordinance does just that. But article 49 of the Water Law, which regulates the prohibition of building and the exceptions to this prohibition, has nothing to do with the european directives.
In the substantiation Note of the ordinance of emergency, signed by the minister Doina Pană, it shows that the reason for the modification this article is that the current provisions “prohibit the realization of works in the area of the floodplain, including those of defense against flooding”. Also, it is invoked the need to unlock urgent “investment of defence against floods from the associated floodplains, by removing the prohibition of realization of such works”. Therefore, it is proposed “to amend art. 49 para. (2) in order to allow the realization of works of defense against floods in flood zone”.
A reason invented
This argument is false, however. In the first paragraph of article 49, it is said that it forbid us objectives socio-economic “in the flooded area, major bed, and in the protection areas referred to in art. 40”. And article 40 establishes protection zones in the vicinity of the water courses (the minor river beds), lakes or in the vicinity of hydrotechnical works.
second paragraph of article 49, in the old forms, established an exception to the prohibition: “Shall be exempt from the provisions of para. 1, for the flooding area of major riverbed, cases in which they are provided works of defense against floods”.
it Follows quite clearly how you operate the law in the old forms: they were forbidden any kind of construction in protection zones near the water, and in the major river beds were only allowed construction of the embankment.
it’s time to define some technical terms. According to the law, by floodplain of a river or of a river means the “area of land occupied permanently or temporarily by water, which ensures the flow, unhindered, from the shore into the shore, water at ordinary levels, including the islands created by the natural flow of water”. And floodplain is the floodplain of the river, meaning the “the land portion of the valley of the natural course of water, over which it pours the waters of the great, at their exit from the minor riverbed”.
the Meaning of the amendment, contrary to the purpose announced
Through the emergency ordinance, second paragraph of article 49 acquired the following wording: “Shall be exempt from the provisions of para. 1 objectives that they laid down works of defense against floods”. Basically, it has replaced the phrase “the cases in which they are laid down” with the phrase “the objectives which they laid down” and has been deleted to specify that the exception applies only in the beds of major water courses, but no protected areas near the water.
To understand the significance of this change, the “Truth” has contacted a specialist in water management, with an experience of 23 years in the field. He requested anonymity since he works at a state institution in the water sector. After reading the amendment made through an emergency ordinance, it concluded: “the New text of the law allows the lifting of construction virtually anywhere, and in minor river beds, in major river beds, in flood-prone areas, on the shores of the lakes, the only condition being that the project to provide and damming works. You can pick up and a hotel, the important thing is to do it in front of him and a pier or another work anti-flood”.
I asked the Ministry of Water and Forests, which was the reason for which he desired the amendment to this article, although old forms contradicts the arguments of the background Note, and why he considered necessary the relaxation of prohibitions on the construction of objective socio-economic in the major river beds and in areas of protection.
the Ministry has answered that and in the old forms “is exceptau to the prohibition of building in flood zone cases in which are provided the works of defense against floods. In the new modified form, for the sake of clarity, the word cases has been replaced with the term objectives”.
the Ministry also states that “the changes promoted are designed to unlock the socio-economic development of the country, including for flood-prone areas, in the conditions in which the investment objectives were referred to concrete measures of protection or are located in protected areas already existing work”.
GEO applied to the case Belina
Please tell us which is the regime of protection against floods of the assembly consisting of the Island of Belina and Lake Paul, in the county of Teleorman, representatives of the Ministry stated: “the Work of the area referred to by your provides flood protection for the village of Poiana and objectives the socio-economic problems in the area”.
we Understand from here that the island Belina is already protected against floods, and there can now raise any kind of construction: hotels, restaurants, casinos.
How to put the Romanian State in the service of the Tel Road
In July 2013, the Teleorman County Council has asked the Government that the Island Belina and Arm Paul, located on the Danube river in the village range from Dry, to be transferred from public property of the State and of the administration of the Romanian Waters the public property of the CJ Teleorman, to develop a project there travel and leisure.
In the period of preparation of the Government decision on this transfer, the Ministry of Justice and Ministry of Finance have given negative opinions, on the grounds that the two assets (the Island and the Arm) are part of the minor riverbed of the Danube, belong to the Basin of the Danube and, therefore, are part of the public property, exclusive of the state, so the transfer can not be made by Government decision, but by an organic law. The Government decision has not been adopted.
At the beginning of November 2013, the Ministry of Environment (through the minister Rovana Plumb and the minister delegate for Waters, Lucia Varga) develop another Government decision (858/2013) on the modification of the name, classification code and a technical description of some real estate belonging to the public domain of the State under the administration of the Romanian Waters.
Among these buildings, we can find the Island of Belina and the Arm of Paul, which in the nomenclature were inscribed like this: “BH Danube Island Belina DAAV” and “BH Danube Arm Paul DAAV“, where BH means the River Basin, and DAAV means the Water Directorate Arges-See. On them were operated two changes:
** Li has changed the classification code of “surface Waters with beds of their minor” in “Islands, arms and islets related to surface water”.
** Li has changed its name, by removing the phrase “BH Danube”, will be entered in the classification only as “the Island Belina DAAV” and “Arm Paul DAAV”.
By this rename, the two assets is no longer included script as belonging to the Basin of the Danube, so the transfer by Teleorman county council; it can be done only by Government decision. What happened: at the end of November 2013, on the initiative of the secretary of state in the Ministry of Development Sevil Shhaideh, has adopted a different decision by the Government (943/2013), by which the Island of Belina and the Arm Paul had been transferred into the public property of the Teleorman county, and the County Council has rented immediately by the firm Tel Road.
This operation is now the subject of a file of the MRS, in which Sevil Shhaideh has already been indicted. As for Rovana Plumb, the Chamber of Deputies rejected the application for commencement of a criminal prosecution. Not resulting from communications MS. if Lucia Varga has any quality in this file.
Hop and the Senate
Coincidence or not, at the beginning of this year, PSD senator Serban Nicolae has initiated a legislative project by the islands, islets, levees, and other surfaces near the water to gain favourable tax treatment, to activities such as production of renewable energy, tourism, leisure, catering, retail trade, gaming, as well as the services related to them. The project was voted by the Senate and are expected to join in the debate at the Chamber of Deputies.