Key Projects

General environmental and permitting matters

Further to the completion of the privatization of Automobile Craiova SA and Daewoo Automobile Romania SA in March 2008, the team advised Ford Motor Company in the process of implementation of environmental and regulatory requirements for the development and modernization of Craiova car manufacturing plant, including permits and approvals required for the performance of the rehabilitation works to the Craiova car manufacturing facility, discussions with various authorities such as environmental and water management authorities, matters related to the application for the IPPC permit.
We advise Smithfield on a day-to-day basis in various environmental matters related to the development of its intensive rearing hog farms, including on matters related to obtaining environmental approvals for the establishment of new hog farms, reviewing draft IPPC permits and challenging provisions of IPPC permits pursuant to the regulations on administrative disputes, obligations related to the drafting and implementation of water basin management plan and other water related regulations.
We advise Egger on various environmental matters related to the implementation of its greenfield project for the development of a wood manufacturing and adhesives plant in Romania, including on the integrated pollution prevention and control permitting requirements applicable for the development of its wood manufacturing and adhesives plant as well as other related permits and authorizations.
We advised Saint Gobain on the rules applicable to the maximum atmosphere emission limits in connection with the application for the IPPC permit for one of its grass manufacturing facilities.
We advise Georgia Pacific, an affiliate of KOCH Industries, Inc., the largest private company in the world, on various permitting matters related to the manufacturing of paper or cardboard household and sanitary goods carried out in Romania.

Environmental compliance matters related to mergers & acquisitions projects

We assisted Ford Motor Corporation on various environmental matters related to the 2008 privatization of Automobile Craiova SA and Daewoo Automobile Romania SA, including drafting appropriate wording in the privatization agreement and assisting in the implementation of environmental formalities related to the privatization.
We assisted Petrom, the leading oil company in Romania, in assessing the implications of environmental and historic pollution and in the 2008 acquisition of the oil business from Petromservice S.A.
We assisted Weatherford International, a major international player in the oil field services, in assessing environmental matters related to the acquisition of the majority stakes in Atlas Gip and Foserco, two significant Romanian players in the oil business.
We assessed Transgaz's compliance with environmental regulations and in relation with the relevant authorities, including the agency for mineral resources and the environmental agency, as part of the advice provided to Raiffeisen Capital & Investment assisting Transgaz with its initial public offering of ordinary shares representing 10% of its share capital.

Environmental liability and historic pollution

We advised a Tyco Group company concerning possible implications related to the performance of the activity of a Romanian subsidiary in a leased site which may contain historic pollution and prepared a protocol setting out the parties’ environmental obligations in connection with the historic pollution.
We assisted ABB by informing it of the rules concerning nuclear liability and preparing appropriate language on nuclear liability in the agreements between the client and the Romanian nuclear energy generator, Nuclearelectrica SA
We assessed the legal implications of historic pollution and proposed remediation plans in the context of Ranbaxy Laboratories Ltd.’s acquisition of Terapia S.A., a leading local pharmaceutical producer.
We assisted a leading North American vehicle manufacturer and its European subsidiary, Geesink-Norba Group, in the assessment of the implications related to the performance of the activity of a Romanian subsidiary in a leased site which may contain historic pollution.
We advised Impress Group on environmental and employment requirements related to asbestos contamination issues.

Emission trading

We represented Lafarge, one of the major cement manufacturers, in a litigation related to the manner of allocation of emission allowances under the National Allocation Plan for the period 2008-2012.
We advised a major emission allowances trading intermediary on the registration requirements with the Romanian emission allowances registry that would be applicable to a foreign intermediary trading allowances on cross-border basis and the implications of a National Securities Commission ruling qualifying greenhouse gas emission allowances as transferable securities.
We advised a strategic investor on the rules applicable to the Emission Trading Scheme, including in respect of scope of application thereof, rules for new entrants, relationship with the mechanisms set out under the Kyoto Protocol and rules governing the trading of emission allowances, in connection with various waste-to-energy projects to be carried out in Romania.

Waste management

We assist Recolamp, the only association specialized in taking over responsibility of lighting equipment producers for meeting their obligations under the waste electronic and electrical equipment (WEEE) legislation, on various WEEE-related matters, including submitting comments with the Ministry of Environment on the draft proposal for the amendment of the Government decision representing the general framework on WEEE, reviewing agreements to be concluded with entities transferring their WEEE-related responsibilities to the client, drafting correspondence on behalf of the client to various environmental authorities in connection with WEEE compliance matters.
We advised Ford Motor Company in respect of the rules on the closing of landfill operated by Daewoo Automobile in the context of its 2008 acquisition of Automobile Craiova SA and its subsidiary.
We advise GPEC on the requirements applicable to waste incinerators with or without output of energy and heat, including how such activity is treated in Romania's national strategy and plan on waste management.
We advise Smithfield on waste management regulations, including in respect of rules on incineration of waste specific to the client's hog intensive rearing activities and the applicability of waste regulations to the manure resulting from its activities and used as organic fertilizer.
We advised Opel on the obligations arisen under the end-of-life vehicle regulations and prepared a framework agreement to be concluded for ensuring compliance with end-of-life disposal obligations relating to vehicles sold through the client’s distributors.

Natural protected areas

We advised Basalt on the implications of the designation of natural protected areas for the performance of mining activities within or nearby the respective areas.
We advised Smithfield on the implication of carrying out hog intensive rearing activities in a natural protected area belonging to the Natura 2000 network as part of the assessment of the draft IPPC permit issued for the respective farm.

Environmental controls and training

We assist clients in various industry sectors in providing dedicated, specialized training on EC and Romanian environmental law with a focus on the advisable conduct in case of dawn raids from environmental authorities.
We assisted Smithfield in managing the relationship with the environmental and sanitary-veterinary authorities during and after the August 2007outbreak of classical swine fever at three Smithfield hog farms, as well as in assessing the implications of various controls carried out by environmental authorities to its hog farms and challenging environmental control minutes before the competent court of law.
We assisted Silcotub in challenging various controls issued by the territorial units of the National Environmental Guard for client’s alleged failure to comply with waste management regulations and the obligations provided in the IPPC permit.

Expertise