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									         Twinning Project RO2004/IB/EN-09
                   Implementation and Enforcement of the Environmental Acquits at
                  National Level and Coordination of the 8 Regional Twinning Projects

         Combined and Integrated Mission Report

                     Missions No. 52, 53, 54, 55

                       Component No. 4
                  Support to Operational Duties
                     Activity 4.6
               Support in enforcement
  Also supporting the National Environmental Guard

         Guideline for professional development
               in inspection and enforcement
          for the National Environmental Guard,
       based on the minimum criteria on inspection

Mission dates: Calendar Weeks 17, 20, 26, and 46 of 2006
Bucharest, National Environmental Guard
Experts: Marcel van de Knaap, Marcel Stigter, Chris Smit
DCMR Environmental Protection Agency, the Netherlands
With staff members of the National Environmental Guard, Bucharest


           1   Mission goals                                    3

           2   Mission program                                  3

           3   Specification of Training Issues – Inspection    7

           4   Mission results                                 12

           Attachments                                         12

1       Mission goals
The goals of mission 4.6a in the Twinning Project RO2004/IB/EN-09
-   Development of a draft guideline for professional development in inspection and enforcement based
    on the minimum criteria on inspection
-   Workshop (3 days) and other training activities for discussion of the draft guideline with all staff of
    NEPA, REPA and NEG involved in inspection and enforcement. The discussion will lead to a draft
    implementation plan
-   Writing of a national guideline; finalizing the guideline with an implementation plan, based on the
    mission reports

2       Mission program

Week 17

Planned           Description                                                                    Time, experts
Week 4.6a-1       Identify and define the inspection and enforcement strategy                    Week 17,
Workshop 1         Presentation Dutch professional development                                  starting 24 April
                   Use the inventory on existing tasks, knowledge, skills, vision and           2006
                   Define the expectations of NEG and NEPA for the near future                  Stigter
                   Define the timeframe in which this future is expected to be there            Van der Knaap
                   Define the human resources who will be made responsible for the              Smit
                      implementation and the quality management of the strategy
                   Discuss enforcement strategy, present competences, enforcement
                      quality, quality management and the expectations
                   Draft an improved enforcement strategy document
                   Assign to all participants in the workshop to discuss the document in
                      their home organizations

The main goal of the mission in week 17 was a needs assessment to identify the needs and develop a
guideline for professional development in inspection and enforcement (based on the minimum criteria of
the EU) on inspection by the NEG.

Needs assessment
In the mission in week 17, April 2006 the results of the interviews and discussions with NEG staff are:
-     The NEG is well organized, has a good structure and is ISO 9001 certified.
-     NEG staff is well educated and must be able to participate as a full partner during discussions with
-     The knowledge of the environmental laws is good.
-     There is no structural knowledge about financial issues and how to use them on operational level at
      the NEG.
-     NEG staff in common has all required authorizations to accomplish their task, but has no
      authorization to verify inspection results in the (financial) book-keepings.
-     The enforcement instruments are:
      - Warning, fine, temporary closure, permanent closure.
      - There are no instruments to deprive the financial profit of a violation.
-     The enforcement process is a reactive process.
      - Inspection →violation→reaction

-    Inspections are carried out by one inspector who is responsible for the complete installation.
-    Every inspector has a package of installations which (s)he is responsible for.
-    A systematic approach can improve the work of the inspector.
-    There is no NEG budget for measurements or sampling.
-    Sufficient knowledge of the actual situation and the relevant process which is inspected is very
     important and can be improved.

The expert team developed the following recommendations which are based on the outcome of the
needs assessment. The process of inspection and enforcement of the NEG can be improved by:
1. The development of legal tools to figure and to deprive the financial profits of an environmental
    violation. (According to an agreement with the General Commissioner, Mr. Silvian Ionescu, there is
    attachment A included: Translation of the Dutch Penalty Law about instruments to deprive the
    financial profit of a violation).
2. Develop a budget to verify measuring figures or to take own samples.
3. Develop a path to provide NEG staff the skills to execute a pro-active enforcement approach.
4. NEG inspections can be improved with a systematic approach of the field inspections.
5. Based on the assessment the NEG needs a guideline to improve the performance by the
    development of a practical trainingsprogramme:
    a. Develop a train the trainer course. This course provides a group of NEG staff the right skills to
          train all NEG employees (700 p).
    b. Set up a study visit for a small group of Regional Commissioners to show them what can be
          achieved with an IPPC permit in combination with a pro-active enforcement approach.
    c. Develop a ‖training on the job‖. NEG inspectors can practice their enforcement skills and the
          systematic approach in accompaniment with experienced enforcement experts.

Week 20

Planned           Description                                                                    Time, experts
Week 4.6a-2       Drafting the professional development plan                                     Week 20,
Workshop 2         Discuss and assess the results of the discussion in April on the             starting with 15
                      enforcement strategy document                                              May 2006
                   Make clear conclusions on the directions of the professional
                      development.                                                               Smit
                   Define a number of subprojects that contribute to the                        Van der Knaap
                      professional development and describe SMART objectives                     Stigter
                   Assign a local project coordinator on the professional
                      development plan
                   Assign subproject leaders and time deadlines
                   Assess the reactions on the developed subprojects in the
                      framework of the professional development plan

The main goal of the mission in week 20 was the evaluation of our observations and recommendations
with NEG staff of the results of week 17, and also has feedback on the recommendations and the draft
guideline in headlines.

Results mission week 20
In the mission in week 20 the results of evaluation with NEG-staff were:
-     NEG staff recognized the outcome of the needs assessment in general and supports the
      recommendations of the expert group.
-     NEG staff corrected their statement about the lack in authorization in verifying inspection results in
      the (financial) book-keepings. They are possible authorized but do not have the knowledge and the
      experience to carry it out.

-    NEG staff corrected the point about not having possibilities for measurements or sampling. NEPA
     has a fully equipped laboratory which NEG can use. If the NEPA laboratory is not able to carry out
     a requested measurement NEG has no budget to hire a commercial laboratory.
-    During several meetings NEG staff and the expert group developed an approach to execute the
     recommendations mentioned in the results of the first mission week.
-    To accomplish the minimum criteria, mentioned in the recommendation of the European parliament
     and the recommendations of the first mission, the project team (NEG staff and expert group)
     concluded that the approach of a Study tour, a ―Train the trainer‖ course and ―Training on the job‖
     would be the best solution.
-    Besides this approach it is recommendable that the Romanian law is extended with legal tools to
     figure and to deprive the financial profits of an environmental violation.
-    It is also recommendable to re-consider the reward system of NEG-inspectors and commissioners.
     The fee-system on extras, depending on number of inspections, number of fines and total amount
     of fines, doesn‘t encourage a long term approach, complex investigations and a pro active

Meetings of the project group resulted in the following action points for the next mission week:
1. The expert group will develop an execution plan for the ―train the trainer‖ course (attachment C);
2. The human resource manager of the NEG will contact the Financial guard and will request a training
   of NEG-staff in simple financial verifying issues. The expert group will provide the HR manager in a
   list of subjects in this matter (attachment D);
3. The expert group will develop an execution plan for the ―training on the job‖ (attachment F);
4. The human resource manager of the NEG will study on the possibility to set up a training for aimed
   NEG staff in PowerPoint skills;
5. The expert group will provide the NEG in a translated copy of the depriving articles of the Dutch
   penal law (attachment A);
6. The expert group will investigate the subjects and costs of a study tour for a small NEG group in the
   Rijnmond area of the Netherlands;
7. Systematic approach (attachment B).

Week 26

Planned           Description                                                                Time, experts
Week 4.6a-3       Co-write the draft guidelines                                              Week 26,
Drafting           Discuss the results of the subprojects with the different                starting with 26
guidelines           subproject leaders                                                      June 2006
                   Define draft guidelines on the basis of the minimum criteria and
                     on the results of the subprojects                                       Stigter
                   Deliver these draft guidelines to all relevant institutions and          Smit

The main goal of the mission in week 26 is the evaluation of the results of week 20, the assignment of
duties, finishing the draft guideline and evaluates the project with the NEG and project-management.

Results mission week 26

The results of evaluation and assessment in the mission in week 26, lead to the following
completion of different issues.
-   The Financial Guard is willing to carry out the training on the proposed financial issues.
-   In discussion with the chief of the juridical department of the NEG, we discovered the basics behind
    the needs on juridical training:
    -     First of all is the need of good inspection reports when the lawyers go to court.
    -     Using not accredited laboratories leads to loosing cases in court by the NEG.
    -     Inspectors should understand the basics of the juridical system related to their reports,
          fines and collected evidence.

     -    Judges are not familiar with the environmental law.
     -    Their should be a very good coordination between NEG-staff and the people who make
          the permits.
-    The timetable of the different parts of possible training programs is discussed.

Based on the out come of the evaluation and assessment it is recommendable:
-   Inspection reporting by inspectors, suitable for court appeal should be a subject in the draft
    guideline (training issue NEG-staff).
-   Use accredited laboratories should be a subject in the guideline.
-   The inspectors should have an idea about the juridical consequences of their reports (training issue
-   To improve more positive court cases for the NEG, it is recommendable to organize periodical
    conferences Lawyers NEG, judges, public prosecutors.
-   Adjust the agreements and procedures with the permitters: there should be sufficient involvement
    from NEG in the permitting procedure.
-   The timetable we discussed is showed here:

With the NEG-staff we made the following appointments.
-   Dutch examples on ‗‘Natura 2000‘ will be arranged if they are available.
-   The juridical staff delivers a text about the needs juridical based.
-   Reaction on proposal of the timetable.
-   Reaction about the timescale of financial training.
-   General comment about the draft guideline we discussed in the mission week.
-   Reaction from Mr. Tablet about his need to translate Dutch information about human resource

Week NOVEMBER 2006

Planned               Description                                                            Time, experts
Week 4.6a-4           Discussing the draft guidelines                                        Week ??,
Workshop 3             Presentation of the draft guidelines;                                starting with in
Discussing             Discussing improvement to the draft guidelines;                      October 2006
the                    Approving and adopting the improved guidelines.
guidelines                                                                                   Van der Knaap;
and the                                                                                      Sremer
trainings                                                                                    Kramers,
program                                                                                      Du Maine

Basic recommendation
This document contains issues and trainings to improve the NEG inspections and enforcement. There
should be a program or project to execute the trainings.

3         Specification of Training Issues –

Improvements towards the minimum criteria of the EU

According the recommendations of the European parliament and of the council of 4 April 2001 providing
for minimum criteria for environmental inspections (2001/331/EC), there are basic skills to improve
inspection and enforcement of the NEG1.

The main EU-criteria are:
-     Planned approach
-     Different instruments and approaches
-     Based on risk assessment (analyze)
-     Budget for practice/execution
-     Trained personal
Based on the observation the NEG we suggest a guideline for professional development by a practical
trainings program.

The issues to improve the NEG are:
-   Basic enforcement skills (Communication; Interview; Discussions with industry; Conflict handling)*
-   Technical subjects to investigate*
-   Information sources and exchange*
-   Inspection plan*
-   Collecting evidence*
-   Risk assessment (environmental risks, view on compliance, compliance risks) (see attachment B)
-   Prioritize topics (environmental and economical)
-   Advance a pro active approach
     - Improvement of the environmental performance
     - Long term strategy
     - Cooperation with company to achieve environmental performance
     - Prevention in stat of repression
     - Use enforcement tools as a pressure instrument

  Official Journal L 118, 27/04/2001 P. 0041 – 0046. http://europa.eu.int/eur-

     - The actual situation is primary the baseline is and not only the permit
-    Inspection reports by inspectors, suitable for court appeal
-    Inspectors need overview of the juridical aspects in enforcement
-    Financial verifying (see attachment C)

The goal of training these aspects is:
-   Enough knowledge to be able to use (financial) company administration as a tool;
-    Verifying compliance of environmental legislation and permits;
-    Figure and to deprive the financial profits of an environmental violation;
-    Figure financial consequences of environmental damage of costs for violator or community in case
     of recovery.
The training of the NEG on financial skills probably can take place by the National Financial Guard.
The following financial issues are relevant:
-    Basic organization knowledge
-    Basic administration en accounting
-    Basic control knowledge
-    How to use financial instrument (cases and examples)

These basic issues are already described in the EU document ‘’Assuring Environmental Compliance: A
toolkit for building better environmental inspectorates in Eastern Europe’’

Developing the skills

The trainings to improve the NEG towards the minimum criteria of the EU are:
1. PowerPoint training
2. Train the trainer
3. Training in financial verifying
4. Study visits
5. Training on the job

Those training types enable the skills because of practicing during training. Therefore this gives more
guarantee of practice and implementation of the skills. This can not achieved by simply hand over
technical guidelines.

1    PowerPoint training (40 up to 80 trainers)

The obtained trainers will be trained in working with MS PowerPoint
The NEG is completely self supporting on this issue.

The trainer is able to work with PowerPoint to be able to use PowerPoint for preparation and
presentation while training other NEG-staff-member in ‗Train the trainer‘.

Type of Training
-   Practicing with examples and study orders
-   Using PowerPoint tray out presentation in front of a group while training

Training materials
-   Handouts with functions, study cases and orders
-   Computers
-   Beamer

2        Training in Financial verifying              (see attachment C)

The training of the hole NEG-staff (commissars) on financial skills take place by the National Financial
Guard. The following financial issues are relevant:
-   Basic organization knowledge
-   Basic administration en accounting
-   Basic control knowledge
-   How to use financial instruments (cases and examples)

The goal of training on these aspects is:
-   Enough knowledge to be able to use (financial) company administration as a tool:
-   Verifying compliance of environmental legislation and permits;
-   Figure and to deprive the financial profits of an environmental violation;
-   Figure financial consequences of environmental damage of costs for violator or community in case
    of recovery.

Type of Training
-   Conferences (presentations, group discussions)
-   Workshops with practical cases and basic financial control techniques mixed with inspection

Training materials
-   Handouts or guideline with useful hints, tips and practices, addresses of the experts of the Financial
-   Presentations
-   Cases and examples: based on environmental items, related to financial verifying
-   Evaluation sheet concerning the content and the organization of the training

3        Train the trainer (40 up to 80 trainers)

The trainers will be trained first of all in some skills they need for the training. The training skills aimed to
be sufficient before the trainer starts to train the others. *
Necessary trainer skills are:
-     Working with MS PowerPoint (NEG is completely self supporting on this issue)
-     Presentation
-     Working with role-play
-     Working with cases (example in attachment G)
-     Working by plan
The trainers will be trained in the named skills to improve (details in attachment B). They train the NEG-
staff after that.

The trainer is able to train other NEG-staff-member in the skills in theory and practice. Practicing takes
place by workshops and role-play.

Type of Training
-   Seminar (presentations, group discussions)
-   Workshops with practical cases and inspection methods
-   Role-play (communication)

Training materials
-   Handouts for the participants of the training: (Trainings Techniques, some useful hints, tips and
-   The toolkit for building better environmental inspectorates in Eastern Europe 2
-   Presentations


-   Cases
-   Guideline for ―train the trainer‖
-   Evaluation sheet concerning the content and the organization of the training

4     Training on the job (80 persons)

Before starting training on the job the course member should already have followed the theoretical part,
―training NEG staff‖. The objects are common complex NEG situations like illegal waste dumps, complex
site inspection, major incidents, etc. The subjects in this training are the named skills, with special
attention on:
-     Technical subjects to investigate
-     Information sources and exchange
-     Inspection plan
-     Collecting evidence
-     Risk assessment (environmental risks, Not enough view on compliance, compliance risks) (see
    attachment B)
-   Advance a pro active approach
-   Systematic approach (in detail in attachment B)
-   Financial verifying (see attachment C)

The NEG-inspectors work in a team of 4-5 people. Each team will be trained by a foreigner expert
(detailed in attachment C).

-   NEG-staff is able tot practice the named skills in common inspection situations, in complex site
    inspections and complex incidents

Type of Training
-   Case training on regular (complex) NEG inspection situation in a small team (20 projects with 4
    trainees each)
-   Coached by an expert trainer

Training materials
-   Guideline for ―training on the job‖
-   Evaluation sheet concerning the content and the organization of the training

5     Study visits

The maximum of four persons visit some sites in for example the Netherlands. This aims to give them a
picture of technical problems, solutions or used techniques and the way of working of the Dutch
Interesting sites are refineries, waste treatment, waste incinerator, IPPC companies, and a steel
De trainees get a summary of the permits, and activities a week before their trip. They visitors shall visit
the sites in couple of two person accompanied by an experienced inspector.
The mission is to show the actual situation on site and clear explanation of the permit and treatment
solutions and used techniques. An important point is also the required registrations and reports and the
way of verifying.
The NEG investigates possible foundation for the study visits. There should be recourse for the trip and
the stay.

-   NEG-staff gets ideas by examples about technical solutions in practice and about the pro-active

Type of Training
-   Presentation
-   Site visits
-   Workshops

Training materials
-   Guideline for ―study visits‖
-   Summaries of relevant permits, with the parts of problems and solutions
-   Evaluation sheet concerning the content and the organization of the training

6    Juridical symposia / conferences

To improve more positive court cases for the NEG, it is recommendable to organize periodical
conferences with Lawyers from the NEG, judges, public prosecutors and maybe representatives of

-   Judges and public prosecutors become familiar with environmental law and cases

Type of Training
-   Symposia / conference
-   Workshops???

Training materials
-   Cases
-   Time table
The timetable contents the schedule

4        Mission results
The way of working in Romania is compared to the minimum criteria of the EU. It is not necessary to
elaborate a complete program for professional development of the required EU minimum criteria.
Nevertheless there are some aspects which should be approved. Those aspects are described in this
document. Furthermore we developed a specific training program, based on the aspects that should be
improved. The program is discussed with the NEG. Guidance is given in development to the required
level of inspection and enforcement. Now it is important to execute the training program and pass the
knowledge and findings on to the national en regional environmental inspectors.

The execution of a trainings program was not in the activity program. The trainings program is extensive
and will need a separate project. We suggest a twinning light proposal or maybe even a twinning project.


Attachment A
Example of legal instruments to deprive the financial
profit of a violation
Article 36e
    1.   La cererea procuraturii de stat este posibil ca să se ia o hotărâre judecătorească separată prin
         care să i se impună celui care a fost condamnat din cauza unei fapte pedepsibile obligaţia plăţii
         unei sume în bani în favoarea statului, sub titlu de retragere a unui avantaj obţinut nelegitim.
    2.   Această obligaţie îi poate fi impusă persoanei menţionate în alineatul 1, care a fost condamnat
         prin intermediul sau în urma faptelor pedepsibile în cauză sau a faptelor asemănătoare sau a
         faptelor pentru care se poate impune amenda în bani, aparţinătoare categoriei a cincia, referitor
         la care există suficiente indicaţii, că acestea au fost săvârşite de el.
    3.   La cererea procuraturii de stat este posibil ca să se ia o hotărâre judecătorească separată prin
         care, celui care a fost condamnat din cauza unui delict pentru care se poate impune amenda în
         bani aparţinătoare categoriei a cincia, şi faţă de care s-a desfăşurat o procedură de cercetare
         penală financiară în calitate de suspectat de comiterea unei infracţiuni, să i se impună obligaţia
         plăţii unei sume de bani în favoarea statului, sub titlu de retragere a avantajului obţinut
         nelegitim, dacă în urma cercetărilor efectuate se poate presupune că această faptă sau alte
         fapte pedepsibile au generat într-un mod sau altul ca condamnatul să beneficieze de un avantaj
    4.   Judecătorul stabileşte suma estimativă a avantajului obţinut nelegitim. Sub avantaj înţelegem
         economisirea de cheltuieli. Valoarea obiectelor, care, după considerentele judecătorului aparţin
         avantajului obţinut nelegitim poate fi estimată la valoarea pieţei în momentul deciziei sau făcând
         trimitere la preţul care poate fi obţinut în vânzarea publică, dacă suma trebuie să fie
         despăgubită. La cererea bine argumentată a suspectului sau a condamnatului judecătorul – în
         caz că posibilităţile financiare actuale sau din viitor ale suspectului sau ale condamnatului nu
         permit achitarea sumei respective – poate să ţină cont de acest fapt în momentul stabilirii
         sumei. În lipsa unei asemenea cereri judecătorul poate aplica această atribuţie din oficiu sau la
         cererea ofiţerului justiţiei.
    5.   Sub obiecte înţelegem aici toate lucrurile şi toate drepturile patrimoniale.
    6.   Când se stabileşte volumul sumei la care se estimează avantajul obţinut nelegitim, se va scade
         din această sumă revendicările atribuite deja de instanţă terţelor persoane.

    7.   La impunerea reglementării se va ţine cont de obligaţiile de plată provenite din decizii anterioare
         sub titlu de retragere a unui avantaj obţinut nelegitim.

Articolul 126
    1. În caz că inculpatul este suspectat de comiterea unei infracţiuni pentru care se poate impune
        amenda în bani aparţinătoare categoriei a cincia, şi pentru care se poate obţine un avantaj de
        orice interes exprimabil în bani, în sensul dispoziţiilor acestei secţiuni se poate instala
        desfăşurarea unei cercetări financiare penale.
    2. Cercetarea financiară penală vizează stabilirea avantajului obţinut nelegitim de către suspectat,
        având ca scop retragerea acestuia conform articolului 38 din Codul Penal.
    3. Cercetarea financiară penală se va instala în vigoarea unei împuterniciri, care conţine motivele,
        fiind întocmită pe numele judecătorului-comisar la cererea ofiţerului justiţiei, care este însărcinat
        cu cercetarea faptei pedepsibile.

    4.   Cererea ofiţerului justiţiei va conţine motivele. În anexa cererii se va depune o listă a obiectelor,
         care au fost deja confiscate pe baza articolului 94a, cel de-al doilea, cel de-al treilea şi cel de-al
         patrulea alineat.
    5.   Ofiţerul justiţiei îl informează periodic pe judecătorul-comisar, din proprie iniţiativă sau la cerere,
         despre desfăşurarea cercetării financiare penale. Judecătorul-comisar – dacă consideră a fi
         necesar în sensul articolul 126, primul alineat –, informează tribunalul. Judecătorul-comisar
         notifică ofiţerul justiţiei în privinţa acestui fapt.

Articolul 126a
    1. În vigoarea împuternicirii date în sensul articolului 126 funcţionarul organului de cercetare
        însărcinat cu efectuarea cercetării financiare penale are competenţa ca – după prezentarea
        copiei împuternicirii –, cu scopul consultării situaţiei patrimoniale a celui împotriva căruia s-a
        instalat cercetarea, să ordone tuturor ca la prima solicitare:
             a.     să i se raporteze ori să poată consulta ori să i se prezinte o copie a documentelor
                    sau a datelor, acestea nefiind date conforme articolului 126, cel de-al doilea alineat,
                    a treia frază;
             b.     să se menţioneze, dacă există componenţi de patrimoniu – şi dacă există, atunci să
                    se specifice, care dintre aceştia – aflaţi în prezent sau în trecut sub administrarea
                    celui în cauză, care îi aparţin sau i-au aparţinut celui împotriva căruia s-a instalat
                    şi să sechestreze documentele obţinute astfel.
    2. Ordinul nu se îndreaptă către cel împotriva căruia s-a instalat cercetarea.
    3. Articolul 96a, cel de-al treilea alineat, se aplică în mod analog.
    4. La prima audiere a celui împotriva căruia s-a instalat cercetarea judecătorul care prezidează
        audierea sau funcţionarul îi prezintă celui în cauză copia cererii sau împuternicirii menţionate în
        articolul 126.

Articolul 126b
    1. Pe durata cercetării financiare penale ofiţerul justiţiei are competenţa ca fără împuternicire
        judecătorească specială să ordone confiscarea unor obiecte în vigoarea articolului 94a.
    2. Dacă ofiţerul justiţiei consideră că în interesul cercetării financiare penale este necesar, îi poate
        revendica judecătorului-comisar percheziţia unor locuri în vederea confiscării, cât şi exercitarea
        altor competenţe ce îi revin în vigoarea celui de-al treilea alineat.
    3. Pe durata cercetării financiare penale judecătorului-comisar îi revin aceleiaşi competenţe, ca şi
        în timpul cercetărilor judiciare preliminare, adică:
             a.     el are competenţa să ordone extrădarea/punerea la dispoziţie spre confiscare a
                    scrisorilor care pot fi de folos în dovedirea avantajului obţinut nelegitim de către cel
                    împotriva căruia se îndreaptă cercetarea;
             b.     el nu are obligaţia să permită accesul celui împotriva căruia se îndreaptă cercetarea
                    sau al consilierului acestuia la activităţile de cercetare efectuate;

Articolul 126c
    1. Ofiţerul justiţiei, în caz de nevoie presantă, poate percheziţiona cu scopul confiscării orice loc,
        cât şi locuinţă fără aprobarea locuitorului, sau biroul oricărei persoane care refuză mărturia în

          sensul articolului 218, dacă se poate presupune că acolo se află documente sau date conforme
          articolului 126a sau obiecte conforme articolului 94a.
     2.   Articolul 97, cel de-al doilea, cel de-al treilea şi cel de-al patrulea alineat, se aplică în mod

Articolul 126d
Articolele 98, 99 şi 99a se aplică în mod analog, adică percheziţia specificată în articolul 98, cel de-al
doilea alineat, referitoare la scrisori şi înscrisuri, se referă concomitent la tot ceea ce poate dovedi
avantajul nelegitim obţinut de cel împotriva căruia se îndreaptă cercetarea.

Attachment B
Systematic approach in detail
Baselines of the systematic approach are:
 Approach of risks in inspection situation
This is not a limitative list of attention points that can be used doing inspections. This list aims to be a guideline to go for
inspections from a critical point of view at risks. These risks can be directly environmental risks, but also risks for not getting
enough picture of compliance.
    Investigation from an integrated and pro-active point of view
    Technical subjects to investigate
This investigation aims at determining the company‘s ability to fulfill its obligations from a technical perspective. All risks that
may appear at the interface of technology used and environment can be listed, e.g. maintenance of certain (vulnerable)
installations or the handling of chemical substances. The focus of the technical investigation depends on the signals from
the legislation investigation, the information investigation and the company economical investigation. It will show the
potential areas of non-compliance. Applications for licenses (permits) constitute important sources of data for the technical
    Information sources
An inspector who is well-informed about the company will be a credible partner for the company‘s management and will thus
be respected by his counterparts. Therefore a key to successful on-site visits is awareness about the situation, activities and
processes, compliance history, and other aspects of the site to be visited. Much information about the site or company is
available, be it in the if les of the inspectorate, or publicly.
Complaints of citizens, but also of (neighbouring) companies can be important indicators for inspectors in the preparation of
their site visits. Citizen complaints sometimes lead to a sort of ―fire brigade approach‖, meaning that every complaint is
followed by a reaction of the inspectorate by carrying out a site visit. This approach can, in spite of the (temporarily) positive
radiation towards the public, be rather risky for several reasons:
-     Not all complaints reflect a situation of non-compliance;
-     Not all situations of non-compliance indicated by a complaint are equally relevant;
-     Complaints can be ―revenge-driven‖;
-     Complaints can be ―competition-driven‖;
-     Complaints often will not concern the real environmental priorities and can draw limited resources away from strategic
Therefore complaints should not be a main driver in carrying out inspections. They should be carefully used for inspection
planning and preparation purposes.
    Collecting evidence
     o What is evidence
     o Classes of evidence
     o What should be documented?
     o Interviewing
     o Field notes
     o Photographs and videos
     o Samples
     o Using of accredited laboratories
    Risk analyze

     o Directly environmental risks
     o Not enough view of compliance
     o Concrete compliance risks
    Good preparation
Have notice of:
    •     Enforcement history of the subject
    •     relevant
                –     law / legislation
                –     permit conditions
    •     activities of the subject
    •     involved companies
    •     expectable
                –     different kind of waste depending of the activities
                –     emissions depending of the activities
                –     different kind of dangerous goods depending of the activities
    •     indication of cost and value of the different goods and waste
    •     use of
                –     energy
                –     surface water
                –     ground water
                –     raw material
                –     secondary materials
    •     expectable crosslink‘s with different chains:
                –     waste and animal foods
                –     waste and fuels
    Inspection plan
    •     reason for inspection (what is to be accomplished)
    •     the scope of the inspection:
               –     identifies the functional areas, assessment topics, and level of inspection
    •     inspection procedures
               –     which field and analytic techniques will be used
               –     collect what information;
               –     what recordkeeping systems will be reviewed
               –     which personnel will be interviewed
               –     which samples will be collected; and for each step
               –     why they should be collected
    •     Defines task assignments within the inspection team
    •     Details resource requirements (costs)
    •     Checkpoints for investigation bases on
               –     weak points
               –     critical points
               –     critical moments in the process
    •     what evidence should be collected and documented
    •     choice of investigation methods
    •     a safety contingency plan, where required
    •     Informs management of the inspectors‘ activities ensuring clear expectations and an understanding of resource
    •     When appropriate, includes a sampling plan and a safety plan as annexes
    •     Air photograph / (draft) drawing
    •     Necessary equipment (personal safety equipment; photo camera; sample tools ……)
    Inspection
    •     In case of integral inspection: see the whole site (use a drawing or map)
    •     Look for:
               –     use of use of energy; (kind of) process water ; raw material; secondary materials
               –     storage of waste; dangerous goods
               –     illegal goods as pesticides; coolants; radio activity; waste

               –    removal of waste and used process water
               –    emissions
               –    special waste aspect: radio activity; pesticides; bacterial / viral; toxic; explosive; asbestos
               –    quantity of used materials; waste
    •    Look for verifying this results by:
               –    interviews of others; neighbors; …..
               –    registrations
               –    other counterparts of the company like customers;
    •    Look for:
               –    non permitted activities
Using basic enforcement skills
    •    Communication
    •    Interview
    •    Negotiation
    •    Conflict handling
    •    Verifying
               –    Evidence
               –    Financial training
    After inspection
     •    regular reporting
               –     location description (specifics)
               –     report data (date, time, reporter, reason of inspection, etc)
               –     inspected aspect (what, depth of inspection on the aspect), including violations (why it‘s a violation,
                     what was violated, circumstances, etc.)
               –     reporting by inspectors, suitable for court appeal
               –     description and calculation of the financial profits of environmental violation and financial consequences
                     of environmental damage of costs in case of recovery
               –     attention points for the next inspection
               –     etc.
     •    think about:
               –     was everything checkable / controllable
               –     if not maybe something for conditioning in the next permit
     •    registration of gaps between permit and practice for conditioning in the next permit

Attachment C

Train the trainer

How to Design Your Training

Basic Steps in Training
-  Assessing the need
-  Choosing the best approach
-  Establishing a time frame
-  Setting learning objectives
-  Designing the
-   training content
-  Delivering the training
-  Evaluating training effectiveness

As a learning facilitator within your organization, you will need to take a number of practical steps to
develop an effective training program.

Training within a learning organization emphasizes the importance of a systematic approach to
expanding people‘s work related abilities to achieve both organizational and personal goals. A key
concept to keep in mind when fitting training programs into the organization fabric is that training is about
people in the organization.
A well-designed training program will ensure that:
-   Employees understand the organization‘s mission and goals and their contribution to that mission
     through their individual jobs
-   Employees are equipped to do their jobs, particularly when their jobs change or demand new
     knowledge and skills
-   Employees have opportunities to develop their skills and increase their level of contribution to the
-   The organization, as a whole, is functioning effectively
-   Evaluating training effectiveness

There are seven basic steps in developing any training program

Step One: Assessing the Need
A need is a perceived gap or an opportunity to be met. Defining a training need means doing research
on what is happening now that prompted a request for assistance from a member of your organization.
It also means taking a proactive approach to identifying gaps in skills or resources that may be
necessary to achieve organizational, departmental, and individual employee goals.
The best way to define a training need is to ask questions. As an example, the following questions might
help you respond to the ―we should do something about supervisory training‖ need:
-     Have supervisors expressed a need for some assistance in doing their jobs? What do they think
       they need?
-     What kind of training has been provided for supervisors? How recently?
-     Are supervisors experiencing difficulty in getting their jobs done? What kinds of problems?
-     Have there been specific indications of reduced productivity or performance problems, such as an
       increase number of grievances that might point to the need for a refresher session?
-     Have supervisors been asked to take on new responsibilities or oversee new functions recently?
-     What specific skills does supervisors need that would help them do their jobs better? Will they be
       asked to do so in the near future?
-     Is the organization planning to promote some employees to supervisory positions in the near future?
       Does it want to focus on providing skills for new supervisors to prepare them for their promotions?
-     How many current supervisors would benefit from some assistance in doing their jobs? How long
       have they been supervisors?

Step Two: Choosing the Best Approach
You will next want to select a training approach on the basis of audience, time frame, and available
resources. If the need is broad, likely to recur, and involves a large number of employees within the
organization, the response should be comprehensive. It may require introducing elearning programs into
the organization or developing the internal capacity to respond to the need on a regular basis in a
blended learning setting.
In contrast, if the need is focused, experienced by an individual employee or a few employees, or is a
one-time occurrence, the response will be more limited. It might involve sending a few employees out to
a specific program or distributing information materials that can be used to educate and inform the
affected employees. It could mean one-on-one coaching with an individual employee in which you, or
someone you supervise, would work with the employee to develop specific skills that have been
It is important to ask yourself whether information or skill development is needed. Information needs can
be better met through written communication or a short briefing session than through a longer group
training session.

Step Three: Establishing a Time Frame
If you have decided that a group training session is the appropriate learning strategy, you will want to
establish a time frame. Effective trainers plan sessions that will accomplish specific objectives rather
than fill a designated time period. Unfortunately, time frames for training sessions are often set before
the need is defined or the objectives established. You know you will have two hours, a half day, a full

day, or even several days to cover the specific topic or issue. Whenever possible, you should establish
and adjust the time frame to meet the specific objectives. Regardless of the topic and the format of your
training, keep some general guidelines in mind when you consider time frames for group training
-    For busy local government professionals, a series of shorter sessions scheduled over several weeks
      can prove very effective. For example, rather than conduct a 40-hour supervisory training session
      during one week, you can schedule one day a week for five weeks or even half days once a week
      for 10 weeks. This approach minimizes disruption to daily work schedules and provides
      opportunities to practice newly learned skills between sessions.
-    If you are a practical, once-in-a-while trainer, don‘t bite off more than you can chew. For example,
      three days is a very long time if for classroom training it is always better to run out of time than to
      send everyone home early.
     Remember, your job as the learning facilitator is to stimulate others to continue their own learning. If
     you run out of time but have done a good job introducing new ideas, participants will be ready,
     willing, and able to pick up where you left off.
     You don‘t have much experience leading groups and managing group process. You can accomplish
     a lot in one day of well planned activities.
-    If you‘re limited to only a few hours, use the time well to cover the specific issue(s). A couple of
      hours can fly by if you have a popular topic and a talkative group. You will need to incorporate some
      control devices to make sure you cover everything and allow time for group participation (see the
      sections on preparing an agenda and training dynamics).
-    Online training is not so time-sensitive. Usually learners can access the training program at times
      that best fit their individual schedules. However, you will still need to decide on the appropriate
      duration of the workshop or course, just as you would for a classroom training.

Step Four: Setting Learning Objectives
Objectives define the expected outcomes of your training and are based on the needs that prompted the
training session in the first place. It is important to ask yourself what the group is likely to be able to
accomplish given the topic, the group‘s interests and needs, and your best judgement of what can get
done successfully within your established time frame.
One way to develop learning objectives that will directly reflect participant needs and interests is to
interview each member of the group before you begin your training design.
You can begin to shape objectives by asking such basic questions as:
-    Why are we having the session?
-    What do you (the learner) want to know when you leave the session?
-    How do you (the learner) want to feel when the session is over? Practical learning objectives are
      ones that can be accomplished. You will most likely meet your objectives by the end of the training
      session by limiting the number of practical and specific objectives to four or five that are specifically
      For example, your objectives might look something like this:
      -    Identify the four main stages of team development
      -    List five main barriers to team cohesiveness
      -    Cite three benefits of teamwork
      -    Develop an action plan for improving team communication
     A sample questionnaire for precession data collection is included in Appendix B.

Step Five: Designing the Training Content
The program design flows from the defined need, time frame, and established objectives. Program
design covers everything that you will do during a training session. It is your plan for presenters, content,
agenda, handouts, interactive group activities, and room arrangements.
Deciding whom to use. Once you have settled on your topic and objectives, you will need to address
the issue of who will conduct the training session. Will you rely on yourself, outside presenters or
trainers, internal resources, or some combination?
The learning objectives will help you answer this question. If your program is designed to present
technical material to increase knowledge, you will want to rely on people who know the topic. For
example, if you‘re organizing a one-day classroom or computer based training session on how to
prepare annual budgets, you will need to involve top staff from your budget office. In this case, your role

would be to work with the in-house expert to develop a program design that defines what will be
covered, what resources will be needed, and how much time will be allotted for each component.
For classroom training, most topics lend themselves to facilitation rather than straight presentation. For
example, if you are responsible for organizing a group retreat designed to improve the group‘s ability to
work as a team, you will need a facilitator rather than a presenter. The role of a facilitator is to help the
group identify issues, share information, and solve problems or reach conclusions.
A presenter focuses on bringing helpful information to the group, but a facilitator focuses on processing
information and ideas within the group. The facilitator can be from inside the organization, provided that
individual is not a critical member of the team and that the facilitator and the group are comfortable with
each other.
For an e-learning program your role is generally that of presenter and facilitator. The learners form a
virtual learning community and discuss the topics you present. You then help facilitate the discussion.
(See Appendix C for an example of an e-learning classroom.)
Employees of the organization can be valuable because they are familiar with the organization‘s culture,
norms, and values. However, sometimes familiarity can be an obstacle if the group feels stuck and is
looking for a new perspective. In that case, it may be useful to look to nearby universities, community
colleges, or a state municipal league to find a facilitator.

Deciding what to use. If you are responsible for planning and conducting a session from beginning to
end, you have two options. You can design it yourself or you can use a packaged program as the basis
for your design.
Packaged programs. Packaged training programs are off-the shelf programs designed by organizations
that specialize in training curricula. A well-designed classroom training program provides basic content
in the form of reading materials or a handbook and training activities. In fact, it provides most of your
program plan for Characteristics of Presenters and Facilitators Presenter Facilitator
-    Brings new information to the group
-    Draws information from the group
-    Focuses on facts
-    Focuses on processes
-    Decides what information is important based on knowledge and expertise in the identified area
-    Helps the group figure out what it needs to know based on an understanding of group process and
     of the needs of the particular group
-    Moves the group in a specific direction based on information and material that needs to be covered
-    Guides the group toward appropriate conclusions based on issues that are raised by the group
-    Provides handouts and back up material to supplement the presentation
-    Summarizes information and ideas developed by the group during open discussions
-    Generally talks more than members of the group
-    Generally lets the group do most of the talking
-    Answers questions
-    Raises questions
-    Has knowledge and experience in the specific topic that is being covered
-    Has knowledge and experience in organization development, group dynamics, and group process
The training session. Learning management systems provide software for e-learning. These systems
can be ready-made programs, or you can design the content yourself and the software will put your
content into an appropriate computer-based format.
Prepared packages, whether for classroom training or e-learning, can be enormously helpful when you
don‘t have the time or experience to design a program from scratch. Most well designed training
packages contain handouts and exercises that can add variety and depth to a program.
In addition to complete packages, many other resources provide exercises on specific topics. These
include assessments, instruments, games, or structured experiences that you can use in your own
In fact, most experienced trainers rely on standard resources to find activities and exercises that will help
them accomplish their objectives.
To maximize the benefits of a packaged program, you should follow these guidelines:
-    Read the entire package very carefully. If you intend to use the program for your session, you will
     need to be familiar with it and be able to answer questions. You need to make it feel like your

-   Think about ways to adapt the program to meet your objectives and respond to your group‘s
     interests. That might mean incorporating examples or case studies from your organization to
     replace or supplement examples that are included in the package. If there are segments of the
     program that don‘t apply to your audience or don‘t seem relevant, drop them. The overall impact of
     a well-designed packaged program can be diminished if inappropriate or irrelevant segments are
     left in.
-   If you don‘t understand parts of the program or are having trouble figuring out how to carry out
     certain activities, contact the organization that developed it. Most organizations will be anxious to
     help you make it work. Some even provide training for a packaged program cannot define your
     organization‘s need or the specific objectives that you are trying to achieve. Once you have defined
     the need and established the objectives, you can assess which program is best equipped to meet
     your needs.
    People who will be conducting their programs on a regular basis.

Original content. The decision about whether to use internal or external resources and materials is
important. While there is a tendency to believe that external is better, more and more local governments
are recognizing that they have expertise available inside their organizations. Your job will be to tap those
resources—or become a subject matter expert yourself! Using the Internet as a research tool can help
you become an instant expert on just about any topic.
Setting the agenda. Even if you are using packaged training, you will now want to develop two types of
agendas that will help you closely guide the session from beginning to end:
-    A working agenda is for your own personal use and defines what will happen during each time block
      including what material will be covered, who will cover it, and what handouts or materials will be
      used. Your working agenda should outline what you intend to do at each point during your session.
     It provides the structure you‘ll need to move smoothly from one section or module to the next and to
     adjust as necessary. Perhaps more important, preparing an agenda will increase your comfort level
     in carrying out the training session. The less experienced you are as a group leader, the more
     meticulously you should prepare.
     Remember to design your session with your learners in mind.
     The group may want to spend more time on one aspect of your agenda and less on others. You‘ll
     need to be flexible so that you can adapt to the needs of the group.
     Although more and more information is being added to the Internet, the network still does not
     contain everything. Most of the world‘s knowledge remains in print, so don‘t forget your local library
     and, of course, the expertise of the librarian. Also, many research queries can be answered by
     directly contacting experts in the topic you are researching.
Internet Search Tips
Searching the Internet can be a quick and effective way to develop your training-session content. The
Internet will provide you with the most up-to-date resources and information on an infinite number of
Here are some tips to follow as you‘re beginning your research:
-    Use the various information finding tools on the internet. Key ―finder tools‖ includes directories like
      Yahoo! that are selective listings of hand-selected sites and search engines like Google
      (www.google.com) or FAST (www.alltheweb.com). Search engines automatically scour the more
      than one billion pages on the Internet to locate information sources on the topic you are searching.
-    Brush up on the art and skill of creating a good search statement to improve your search results.
      This involves understanding which keywords and phrases are going to be most fruitful in returning
      relevant results, figuring out synonyms for your search words, understanding possible jargon, and
      learning how to experiment with different words and phrases until you have a set that works best.
-    Avoid information overload when you get back too many results from your search; make sure your
      keywords are as specific as possible.
-    Be particularly careful in evaluating the credibility and quality of the information you find, especially
      since anyone can be a publisher on the Internet, and there are no filters or screening processes.
      One excellent site on the Web that provides checklists and strategies for evaluating Web sites is
      Evaluating Quality on the Net at www.hopetillman.com/findqual.html.
-    Consider joining an e-mail-based discussion group on the topic you are researching in order to
      participate in an online conversation as well as pose your own specific questions to the larger
      group. One of the real strengths of the Internet is its ability to link you to other knowledgeable

    people and experts around the globe. You can find out about names of these groups and find out
    how to subscribe by checking Kovacs Consulting at www.kovacs.com/directory/scope.htm.
-   A session agenda is for distribution and tells participants what will happen during the training
    program. It should parallel your working agenda but skip the details. For example, avoid including
    time blocks in the participants‘ agenda. Time limits can caules concern among some of your
    participants if you are not strictly adhering to the time frame—some people are less flexible than

Preparing learning materials. Keeping in mind that people have individual learning preferences,
prepare a variety of materials that appeal to different learning styles. As previously mentioned, materials
may be purchased or developed in-house:
-   Handouts. These are materials that provide the substance of your session, usually in outline format.
    For classroom training it is helpful to include all handouts in a participant‘s packet so that you don‘t
    need to distribute them at different times. This approach may help you stay better organized during
    the session and also aids your participants in following the sequence of your session activities.
-   Backup materials. The materials that supplement your presentation. Articles, books, and lists of
    resources can be distributed or displayed for participants to view during breaks. Backup materials
    can add extra depth to your session. For e-learning, your additional materials can be displayed
    online, and you can refer to additional off-line resources such as books and archival information.

Step Six: Delivering the Training
The next step in your training process involves choosing the appropriate methods to get the information
across, engaging the group in the learning process, and accomplishing your defined objectives.
Interactive methods vary according to their purpose and the extent of learner involvement. Choosing the
appropriate method depends on what you‘re trying to accomplish and what you‘re most comfortable
with. If your program involves introduction of new Computer graphics can greatly enhance the
appearance and readability of your handouts. If you are unfamiliar with the technical aspects of
computer graphics you may want to solicit help from your IT department or a knowledgeable colleague.
In addition, you may want to consider taking a computer graphics course.
Material and information that participants will use on their jobs, you will probably rely on lectures and
guided discussions. In contrast, if you are facilitating a team-building session, you may rely more on
small groups and role plays as well as guided discussions.
In most e-learning situations, lecture and guided discussion are the main teaching/training methods. You
can also arrange for small-group discussion.

Session logistics. Logistics for classroom training involve the physical details of preparing for the
training session. This includes how you will organize the room and how you will organize yourself to
ensure a successful group training session.
A training room must be organized to establish an effective climate for learning. That means making
sure it is comfortable, well equipped, and set up to do what you want to do. Room arrangements have a
significant impact on the learning climate. If people are physically uncomfortable, they will have difficulty
focusing, participating, and learning. It‘s your job to do everything you can to minimize distractions.
The most typical room arrangements for group training sessions are:
-    Theater/classroom style. Theater style uses rows of seats facing a front table or podium.
      Classroom style uses tables and chairs, again facing the front of the room. This style is typically
      used for sessions with minimum interaction or group participation. It is usually not the best
      arrangement for an interactive group learning session.
-    Cabaret-style rounds. Eight to ten people sitting at round tables is an effective arrangement when
      you have a large group and are planning small-group activities because it provides ready-made
      groups. When you have 35 or more people and are trying to plan an active group session, this is
      usually your best option. One potential problem is that people may get locked Comfort and
      familiarity with the methods are equally important. As you conduct more training sessions, you‘ll find
      approaches that work well for you. When you choose techniques, remember that variety is nice, but
      results are important. Keep in mind what you‘re trying to accomplish, and choose approaches that
      will help you get there.
      Into one group and miss talking with others. Therefore, if you‘re planning several group activities,
      you should ask people to rotate among tables.

-   Conference style. This arrangement can be set up in three ways depending on the size of the
     group. A small group of 10 to 15 can work around one large conference table. For groups between
     20 and 40, you can create a large open square by joining smaller conference tables into a large
     square. Participants sit around the four sides of the square. If the group is larger than 40, you might
     create a U-shape with the conference tables—a long rectangle with the top left open. This gives you
     the option of seating participants inside the U. In addition, you can move down into the U during the
     session to get closer to the people on the far end. In all three arrangements, the head of the table is
     the side from which you choose to work. Conference style works well for most group programs,
     particularly if you have small adjoining breakout rooms for work sessions.
-   Living-room style. If the group is small and you‘re planning a team-building type of session, an
     informal setup with easy chairs is ideal. This setting creates the relaxed atmosphere that is
     Interactive Methods Purposes
-   Group method Warm-up and interaction
-   Brainstorming Information collection
-   Lecture Information presentation
-   Lecture/discussion Information presentation and processing
-   Guided discussion Information sharing
-   Small-group exercises Information sharing, problem solving, consensus building
-   Case study Problem solving, decision making
-   In-basket exercise Information processing, decision making, role identification
-   Role play Role identification, deal with feelings and role dynamics needed for an intensive group
     process. City or county libraries may be good locations for this type of room arrangement.
    One last thought on preparation for your training session. No matter how experienced you are as a
    group leader or how familiar the material is to you, every session requires careful preparation and
    practice. Effective training means being on your toes from start to finish. If you plan well, chances
    are the session will go smoothly and you‘ll accomplish your objectives. You‘ll also be better able to
    adjust your plan when the session flows differently from what you expected.

Step Seven: Evaluating Training Effectiveness
Evaluation tells you whether the training program contributed to any change in behavior, performance, or
productivity. Therefore, it is important to define expected outcomes at the design stage to make sure that
the selected approach can produce those outcomes.
This step involves deciding how and when to assess whether the expected outcomes have been
Consider this example. You have decided to provide a comprehensive communication-skills training
program to employees who deal with the public; this course has been set up to respond to complaints
about customer service as well as frustration among employees who deal with the public. The immediate
purpose of the program is to help employees deal more effectively with the public, in general, and to
handle angry or dissatisfied citizens when problems occur. An expected benefit of the program is an
improved public image. Your evaluation plan should focus on identifying Passive learning Active
-   Written information
-   In-basket exercise
-   Lecture
-   Case study
-   Lecture/discussion
-   Small-group exercises
-   Guided discussion
-   Role play
When you‘re working with room arrangements, don‘t forget that tables and chairs move. You may start
with one arrangement and decide to evolve into something else. Or you might have several
arrangements within the same room-a conference table in the front and a circle of chairs in the back.

Attachment D
Financial verifying
The following financial issues are relevant:
-   Basic organization knowledge
-   Basic administration en accounting
-   Basic control knowledge

Basic organization knowledge
Financial company types
-   Factory of Production Company, waste treatment, service company etc.
-   Administrative organization & internal control
-   meaning: management company, structure, financial inspector
-   examples administrative organization measures: administration set-up, structure, procedures, tasks
For a good and reliability administration and justify or accounting, the management of the company has to take
administrative organization (AO) measures, like a good, complete and well structured administration set-up in stat of a
shoebox with some of the notes and invoices.
Also the company needs good described procedures about how is registration what, where, when and how, using what
system and so on. Depending on how small or big is the company you have to split up some tasks to prevent that one
person controls every thing: buying, justifying, registration, responsible for pay. In that case that person could be easily fake
sales by registration en put the money on his own bank account. So the management needs tot be in control and take
internal control measures to prevent mismanagement.
Internal control
-    aimed on accuracy, completeness of the registrations, compliance of the procedures, control on de
     company activities
-    Functions: registration (record en treatment by the administrator); accomplishment (protection
     employees, operators), control in behalf of the management (management, control department,
Record en treatment by the administrator
The task of the administrator is writing down in a proper way conforming the procedures on paper or financial database
(record) and depending on the bookkeeping system, the administrator has to take some actions, particular in a paper
bookkeeping system. This treatment starts with a copy in the ledger from registrations in the day-book.
Control in behalf of the management
The company management needs to bee in control at any time and needs actual and adequate information about how the
company is doing: for instance: do we have enough goods or materials in stock, do we have the money to buy necessary
materials, do we pay the creditors in time, do the debtors pay us in time, how are we financial doing at this time or are we
The director can delegate this control task to an employee or department of the company, depending on how big and
complex is the company. They are in control in behalf of the management
How to judge the working of internal control:
-  Take notice of organization structure, administrative organization, accounting manual, tasks and
   function profiles, procedures and instructions, responsibilities
How to judge the working of internal control
For financial verifying it could be necessary to have a picture of the reliability of the numbers and registration. To have that
picture you should be able to take notice of organization structure, administrative organization, accounting manual, tasks
and function profiles, procedures and instructions, responsibilities. When that’s working properly you can say the internal
control works OK and I trust the numbers and registrations.

Basic administration en accounting
Relation between financial registration, goods registration (also material and waste), process registration
Administrations parts:
-   Logistic, Process, Acquisition, Sale, Salary, Goods, Waste, Production / waste treatment, Financial
    Reason of registrations
-   Collecting documents and files, Recording, Treatment, provide
Company administrations
Material administration
-   stock (present quantity, mutations, mass balance
-   Financial administration
-   Important (annual account, (periodical) reports, balance-sheet, ledger, stock, debtors, creditors, day-
Process administration
Relations between administrations
-   Stock increase - retail – debtor- or creditor
-   Processing / treatment – material stock decrease – good stock increase
-   Etc.

 Subject                   relevance
 Annual account            Views the financial position of the company (capital, results and finance).
 Periodical reports        Impresses the organization in a period. More periods‘ gives a trend and a
                           view of details and aberrations.
 Ledger                    Views the mutations during a period about properties and obligations of the
 Stock administration      Views the stock quantities and mutations in the stocking
 debtor- and creditor      Views witch costumers and suppliers the organization had in a period.

Book-keeping cycle
Depending on the Romanian book-keeping system, should the environmental inspector have a good
picture of the book-keeping system and how the book-keeping cycle from the daily registries till the year
reports (balance-sheet and profits- and losses overview).

Basic control knowledge
 Control techniques            Remarks
 Number judgment               Analyze and interpretation of number sequences.
                               The results can be used as indicator.
 Context control               Analyze of hard context of quantities within bookkeeping and
                               Deviation induces further investigation.
                               For instance:
                               start stock quantity + purchase – sale = end stock quantity
 Norm verifying                Test by the basic norm. The norm can be described in internal or external
                               The internal or technical norm could be for instance: the waste incinerator should be
                               burned 95% of the waste and reduces the volume to 10%. You can check how the
                               company is doing by investigation on that yields or output.
                               Example of norms are:
                               (national or international) standards;
                               Primary calculations;
                               Also: environmental legislation and permits.
 Control of existence          Establish existing and completeness (qua registration and account) of
                               possession and debts of a company.
                               For instance:
                               physical observation of technical measurements;
                               Balance confirmation by bancs or debtor.

                               Random-sample within a period from some transactions to establish that
 Line checks                   is handled conform the procedures and to establish that is handled
                               conform AO and IC measures.
 Detail control                Investigate some records or transactions (administrative records and
                               documents like invoices).
 Check on start and ending     Follow start or ending of a record or registration.
                               For instance:
                               From a demand on a debtor the sale-order and the expedition-papers can
                               be investigated.
                               An ended possession or dept named in the justify report can be checked
                               on real exist or real ending event.
                               A claim of a debtor ends with receiving money.
                               A creditor dept ends by pay.
                               The company buys a car from a dealer today and pays, and then the car dealer is a
                               creditor in that period. By paying ends the creditor.
                               Stock ends by treatment or sale.
 Documentation from a          A ‗fact‘ or event found in the registration can be checked by confirming by
 third party                   a third party.
                               conforming the credit-balance by the bank or bookkeeper;
                               information from the chamber of commerce;
                               solvability conformation from Dun & Bradstreet;
 Observation on site           The inspector has his own direct observation on site of the company of
                               the technical installation, measurements and the processes.
                               Inspection observation on site or on scene;
                               Be present at stock-taking;
                               Be present at an audit.
                               This gives a picture of compliance of legislation, permits and procedures,
                               but also the company culture.

How to use financial instrument
Examples of verifying:
1. Investigation of the debtors list of a wholesaler, so you can see the sale of goods to a company who
   should not have the goods (fireworks, dangerous goods, pesticides).
2. For legal treatment of waste you should see a legal waste company as a creditor in the creditor list
   of the deliverer and in the debtors list of the receiver.
3. To check the waste was created in the companies own process (legal?) or outside the company
   (illegal received), there can be a debtor and an invoice of the waste recorded.
4. To check waste is not burned or dumped there should be a creditor and an invoice from the receiver
   of the waste recorded.
5. The registration of stocked (goods registration) and incoming goods (debtor or creditor) related to
   the receipt give a picture of the treatment, process and the quality of the product.
Examples of calculating depriving the financial profits:
1. The company received twice the permitted capacity of waste. In the ledger and debtors list there
   should be numbers and values or costs of the waste. The half of the profits should be deprived.
2. The company carried out an illegal activity. In the ledger and debtors list there should be numbers
   and values or costs of this activity. Also the costumer has information in his creditor-list and invoices
   about the hired services. The profits by doing that activity should be deprived.
3. Since 5 years there should be a measurement by the permit, witch is not there. The profit of the
   company is the write off per year over that period and should be deprived.

Examples of calculating costs of recovery
1. A spill with gasoline caused soil pollution. The costs of the soil pollution treatment should be next to
   the violation part of the fine or recouped by the government. Specialized soil treatment companies
   can give a calculation.
2. A battery waste dump brings recovery costs like sampling, treatment of the dumped batteries and
   soil treatment. After recovery by the government this costs should be recouped at the violator.

3.   Generally the costs of recovery are the costs to act in situations the violator did not, or to react by
     treatment to recover the illegal activity or the consequences.

Attachment E
Project proposal study visits

A small group of inspectors and juridical experts follows lectures and visit some organizations and sites
in a western European country. This provides them a picture of technical and juridical problems,
solutions or used techniques and the way of working of the inspector of the receiving organization.
Interesting sites are refineries, waste treatment plants, waste incinerator plants, Court, IPPC companies
like a steel company.
The NEG investigates a possible foundation for the study visits. There should be own recourses for the
trip and the stay in the foreign country. The receiving organization will take care of the necessary
personal safety equipment, the summary and the accompany of the visitors.

NEG-staff gets information and ideas during the study tour about technical solutions in practice and
about the pro-active approach.

Activity description
The trainees get a summary of the permits, and activities a week before their visit. The visitors shall visit
the sites in groups of two to four persons accompanied by an experienced inspector or juridical expert.
The mission of the accompanies is to show the actual situation on site and a clear explanation of the
permit and treatment solutions and used techniques. An important point is also the required registrations
and reports and the way of verifying.

Preparation/Training material
The trainees will receive a description of the way of working of the foreign inspectors, a short resume of
the actual environmental legislation and a short resume of the licences of the site which will be visited
during the study tour. They have to study it before arrival in the receiving country.

Technical visit
This part of the study tour is developed for the technical experts of the delegation.
The aim of this visit is to show the delegates how licences are established, the proactive approach, how
specific problems are solved and the incident approach.
The delegates will get explanation of the approach, join some site inspections and will bring a visit to the
Court (if possible).

Juridical visit
This part is special developed for the juridical experts of the delegation and specific for a Dutch study
The Dutch environmental legislation knows two different approaches. The penal side and the
administrative side. Every side had its own target. The penal side aims on punishing of the offender. The
administrative side aims on repairing the environmental damage. Each approach has its own procedure
and court. The legal practice knows also several possibilities, views and solutions.
The target of the study visit for juridical experts is aimed on a picture of the structure of the Dutch
environmental legislation, the possibilities and the impossibilities, the juridical solutions and the juridical
procedure. If possible, a visit to the Council of State and the court will be a part of the programme.

At the end of the visit the delegates will be asked to discuss their impressions of the visit and to write
down subjects which can be improved or changed in Romania.

Attachment F
Project proposal Training on the job


The targets of this training on the job program are to instruct staff of the National Environmental
guard (NEG) in:
-  Executing complex inspections in a systematic way;
-  To investigate complex incidents from an integrated and pro-active point of view;
-  To complete investigations as far as enforcement procedures allows.

Activity description

The training on job will be executed with coaching of NEG staff by foreign EU experts in team co-
operation in projects dealing with practical examples of complex problems. The NEG will select
some case examples of complex problems with companies. Every problem will have to be
addressed by a team of NEG inspectors. The different cases will have to be different in nature,
target and topic. For example: an industrial site or a company can be selected were the
transparency in management and information flow is rather poor. Increasing the transparency as
such will than be the basis of the development of a project, in which priorities of solving
environmental problems will be discussed with the company. An other example is addressing illegal
activities or an incident. Every inspection team consists of 4 persons, of whom one person will be
appointed as a team leader.

Training on the job: First day
Foreign EU expert and team leader start with a site-visit to get a realistic picture of the problem.
Foreign EU expert and team leader define the objective of the project, the working method, the
time planning and the draft project plan, including an implementation plan.
This probably takes one full day (two parts of a day).

Training on the job: The First month
After a month the foreign EU expert will return to discuss the project plan and the implementation
plan and finalize it. It is very important that the suggested subject(s), approach and capacity are
granted by the executives. After finalizing these plans they will discuss the practical execution and
the task partitioning within the project team.
Half a day is planned for reading and finalization of the project plan, the task division (including
mandate setting), and the (approved) actions that are taking place. All planned activities are bound
to take place within this first month.

Training on the job: The second month
Half a day is planned for discussion within the project team on the results of the activities, the
shortcomings that come from the inspections and the format of the final report. The project team
needs max. 1 month to correct the shortcomings and the negative impact on the environment. After
the correction phase, the corrections to the shortcomings are prioritized. The priorities are
described in a report and the advices to continue are described. The last half a day will be used to
evaluate the actions and to finish the final report. The results of the project will be presented to
NEG management.

Training on the job: The skills
The subjects in this training are the named skills to improve, with special attention on:
-   Technical subjects to investigate
-   Information sources and exchange
-   Inspection plan
-   Collecting evidence
-   Risk assessment (environmental risks, Not enough view on compliance, compliance risks) (see
    attachment B)

-   Advance a pro active approach
-   Systematic approach (in detail in attachment B)
-   Financial verifying (see attachment C)

Training on the job: The themes
The experts in the training on the job-activities will focus on the following themes:
-   Objectives and planning
-   Time planning and tasks division
-   Assessment and verification of the results
-   Project management and project leader coaching
-   Economical and financial aspects
-   Final report, presentation preparation and presentation

Time planning of training of the job activity for foreign EU experts

# Participants                                    60 – 80
# Projects                                        20
# International experts                           5 (4 projects per expert)
# Travel time experts                             20 days
# Work time (prep., supervision, reporting)       20 days (4 per expert)
Total contact days                                50 days (2,5 days per project per expert)
Total # of days final assessment                  10 (5 times 2 day parts (incl. traveling))
Assistance, Translation and Interpretation        100 days

The International experts will have to contribute for about 100 days for thorough project supervision
and coaching. Every participant to the projects from NEG side should reserve at least 20 days per
inspection project. General support for coordination, translation and interpretation about 100 days
has to be scheduled.

A final assessment and presentation of the results will be delivered by the inspectors to the NEG
management at the end of the project. At this presentation event, there is ample opportunity to
exchange experiences between the different inspection projects. Supervising experts will be invited
to this event. The organization of this event will be prepared by NEG staff.

All inspection projects can be executed a maximum of one time. This project could be finished in
maximum 10 months including presentations, exchange of experiences and final reporting.

Starting points
For this project, it should be noted that:
-   Every county can contribute a maximum of 2 persons as input in one of the inspection projects
-   One project will be supervised and executed per 2 counties
-   A 'train-the-trainer course' and a course 'working in projects' are obligatory to be allowed to
    participate in an inspection project
-   Every participant should be an experienced inspector
-   Chosen topics or cases should be complex and include sufficient tasks and work for 4 persons
-   Every topic or case will be described on paper (in English) before the start of it as an inspection
-   Communication and reporting between supervisor and project team will take place in English;
    assistance in communication will be provided

Attachment G
Example of workshop presentation


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