ABSTRACT: The study follows the analysis of European legislation and national legislation in Romania on the olfactory discomfort noticed in the open air, starting from the situation of City of Brasov from Transylvania, where residents often noticed in 2019, the existence of pestilential odors in certain areas of the city, which led to numerous complaints to public authorities. This particular case requires the identification of mechanisms by which substances with an olfactory impact can be identified and subsequently correlated with ambient air quality, in order to determine whether it represents a real danger to the health of exposed inhabitants. These mechanisms can be applied more or less by different competent authorities in the field, but the applicable legal framework must be sufficiently elaborated to allow concrete results to be obtained. Therefore, beyond a potential subjectivism related to the sensitivity to odors and implicitly to the regulation of their monitoring and the establishment of measures in order to prevent and reduce the olfactory discomfort, certain aspects (identification of the source of smell, establishment of measurement/determination methods, technical possibilities monitoring and measurement of odors) requires a thorough analysis of the situation created, the article notes certain shortcomings in the legal framework governing this area and brings proposals to improve it. KEYWORDS: law, pestilential odors, air, mechanism