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.
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