Controls represent all the actions targeted to verify compliance with the legislation, performed by the corresponding ANRCETI departments, as appropriate, jointly with other authorities empowered with controlling functions.
The controls carried out by ANRCETI are based on the following principles:
a) preventing the violation of the legislation, including, by providing the necessary consultations during controls;
b) objectivity and impartiality when planning and carrying out controls, when drafting documents related to controls and ordering measures and sanctions;
c) conducting controls based on risk analysis and assessment;
d) presumption of good faith and compliance with the legislation by the person subject to control;
e) transparency of individual and regulatory acts issued by ANRCETI as regards controls;
f) proportionality and appropriateness regarding controls duration and process;
g) keeping record of all control actions and documents;
h) the right to dispute any fact or any act of ANRCETI inspectors;
i) confidentiality of information regarding the person subject to control, especially information that can influence the good reputation of the economic entity in its activity, while the dissemination of such information is prohibited, except for the cases prescribed by law.
Controls are carried out in accordance with the procedure established in the Regulation approved by ANRCETI Administrative Board (Art. 10 para. (3) of Law 241/2007). Controls can be: planned or unannounced.
The planned controls are conducted in accordance with the Methodology for planning state control on entrepreneurial activity in ANRCETI’s areas of competence, based on the analysis of risk criteria, approved by ANRCETI Administrative Board (section 3 of Government Decision no. 379 of 25.04 .2018 "On State Control over Entrepreneurial Activity based on Risk Analysis") and is performed according to the plans (schedules) approved by the ANRCETI management.
Unannounced controls are carried out in case of:
a) availability of evidence -based information/indices, about the existence of situations that cause or could cause harm to the environment, life, health and property of people or about violation of the relevant legislation in force;
b) verification of the information, which, according to the law, is compulsorily reported, if this information was not presented within the deadline established by the legislation in force;
c) verification of the information obtained during another control at the premises of the economic entity that used to be in economic relations with the person under control;
d) direct request from the person who is due to be subject to control.
Complaints and petitions, including notifications or requests from legal or other state authorities, as well as the information gathered in the process of monitoring the activities in ANRCETI’s areas of competence, can serve as grounds for conducting unannounced controls.
The results of the performed controls are recorded in the corresponding Quarterly Reports.