Monday, September 19, 2016

The new obligations of economic operators regarding packaging and packaging waste

On June 30, 2016, the Emergency Ordinance no. 38/2016 amending and supplementing Law no. 249/2015 on the management of packaging and packaging waste came into force, bringing along a series of changes regarding the obligations of traders on the management of packaging waste.
The argumentation of the emergency ordinance states: "Given that increasing quantities of recovered waste is an essential objective of sustainable economic growth, it is mandatory to adopt urgent measures on packaging and packaging waste in preventing, reducing and eliminating their negative effects on the environment and avoiding negative consequences resulting from market blockage, such as the inability to reach the national annual recycling objectives. "
Furthermore, it is necessary and important to mention the fact that the emergency ordinance was adopted on grounds of "immediate financial impact that this sector has on society and the national economy, the impact on the environment and on human health."
Thus, economic operators selling products packaged in reusable packaging are obliged to receive reusable packaging in exchange or to refund, at the request of the buyer, the deposit amount.
Furthermore, the amendment provides that, in order to encourage the reuse of returnable packaging, manufacturers and retailers apply warehouse systems of package management, according to the procedure of implementation, control and monitoring of system-warehouse approved by the Minister of environment, water and forests.
The procedure for the implementation, monitoring and control of the warehouse system approved will be approved within 60 days of the date of entry into force of the emergency ordinance.
Equally, the commission authorizing operators to take over responsibility for managing packaging waste is approved within 60 days of the entry into force of the emergency ordinance.
In order to achieve the annual objectives regarding the recovery or incineration in waste incineration plants with recovery of energy, as well as the recycling of packaging waste, the economic operators are responsible for ensuring the management of packaging waste on national territory:
▪ individually, through the collection and recovery of packaging waste from their own operations or taken from generators or holders of waste, sorting stations, authorized collectors, administered through authorized economic operators in terms of environmental protection for collecting and recycling waste packaging;
▪ by transferring responsibilities, under contract, to an authorized economic operator of central public authority for environmental protection.

For additional information regarding economic operators’ obligations concerning the management of packaging waste, don’t hesitate to contact the team of lawyers from the law firm Darie, Manea & associates. Our lawyers are committed to meeting our customers' needs by providing specialized legal advice based on extensive experience in the field and the latest legislative changes, as well as through representation before competent authorities, when necessary.