REPORTS to the Environment Fund Administration
According to article 16 paragraph (1) in the Law no. 249/2015 on how to handle packages and packaging waste - “Businesses are responsible for taking over and recycling packaging / packaging waste from consumers / end-users as follows:
- business operators who place packaged products on the national market, [...] are responsible for waste generated by the primary, secondary and tertiary packaging used to package their products, […];
- business operators who overpackage individually packaged products for resale / redistribution are responsible for waste generated by the secondary and tertiary packaging they place on the national market;
- business operators who place packages, including plastic transport bags, on the national market sales are responsible for the waste generated by such packaging;
- business operators who lend - in whatever form, on a professional basis - packaging are responsible for such packaging.”
According to article 16 paragraph (2) in the Law no. 249/2015 – “In order to carry out the activity, the business operators stipulated in paragraph (1) must be registered with the Environmental Fund Administration and the registration is made by submitting the first statement of obligations to the Environmental Fund."
The main obligations of the business operators mentioned in article 16 paragraph (1) are:
- keep a quantitative record and implement the manufacturer's extended liability obligations for the package placed on the national market, by material and - primary, secondary - packaging type and for the transport;
- use a marking and identification system for packaging;
- ensure recycling and, if they are not recyclable, capitalizing by other methods the packaging that has become waste;
- meet at least the objectives set out in annex no. 5, for the packaging waste for which they are responsible according to paragraph (1):
- Global exploiting target 65%;
- Global recycling target 60%;
- Carton - paper recycling target 70%;
- Plastic (including PET) recycling target 45%;
- Out of which PET recycling target 55%;
- Glass recycling target 65%;
- Steel recycling target 70%;
- Aluminium recycling target 30%;
- Wood recycling target 50%.
The manufacturer's extended liability obligations are performed:
- Individually, by managing their own packaging placed on the national market;
- Through an organization that implements the manufacturer's extended liability obligations, authorized by the commission established under Law no. 211/2011.
In case of non-fulfilment of the recycling and exploiting targets, the responsible business operators pay a penalty of 2 RON / kg for the difference between the envisaged objectives and those actually accomplished.
Therefore, Environment Secure Solutions supports you by offering the possibility to outsource the following services:
- Identification of types of packaging for products placed on the national market;
- Guidance on the application of the appropriate marking and identification system;
- Determination of the quantities of packaging placed on a monthly basis on the national market by material, (primary, secondary) packaging and transport type;
- Support for the achievement of objectives either individually or through an organization;
- Mediating the relations between the company and the organization;
- Drawing up the statements based on the information / documents provided and / or the recycling reports;
- Submission of the monthly statements to the Environmental Fund Administration;
- Drawing up and summiting the annual reports required by the legislation in force regarding the managed packaging and packaging waste - if necessary.
For details please contact us!
According to article 38 paragraph (2) of the Government Emergency Ordinance no. 5/2015 – “To place EEE on the market, manufacturers [...] are required to register with the register provided for in paragraph (1), receiving a registration number to be communicated by them to all the commercial networks through which EEE is sold..”
According to article 17 of the Government Emergency Ordinance no. 5/2015 – “As of January 1, 2016 [...], EEE producers are obliged to achieve the minimum collection rates set out in the table in annex no. 6, [...].”
The main obligations of the business operators according to the legal norms in force are:
- In order to place EEE on the market, manufacturers have the obligation to register with the national producers register kept by the National Environmental Protection Agency;
- To organize WEEE taking-over systems from private households with the obligation to take over all WEEE originated from the EEE placed on the market.
- To achieve minimum collection rates of at least 40% in 2016, 45% for the period 2017-2020 and 65% in 2021;
- To ensure the financing of the collection, treatment, exploiting and disposal under environmental protection conditions of WEEE from private households;
- The manufacturer may opt to meet the obligations either individually or through collective organizations;
- To inform buyers, when selling EEE, of the costs of collection, treatment and disposal under environmental protection conditions, by separately identifying these costs;
- To provide EEE users from private households with the necessary information on the obligation to separately collect WEEE, on the delivery and collection systems made available to them, on the role of EEE users in re-use, recycling and other forms of WEEE capitalizing;
- To properly label with a crossed-out “wheelie-bin” symbol the EEE placed on the market;
- Starting with 2017:
- To register with the Environment Fund Administration;;
- To monthly set the quantities of EEE and BA placed on the market;
- To declare the quantities placed on the national EEE market on a monthly basis to the Environment Fund Administration by the 25th of the month following that in which the activity took place;
In case of non-fulfilment of the obligations to achieve the recycling and capitalizing targets, the responsible business operators pay a penalty of 4 RON / kg for the difference between the quantities of WEEE corresponding to the annual collection obligations and the quantities actually collected.
According to the legislation in force, batteries and accumulators manufacturers of are obliged:
- To organize the collection of waste battery and accumulator (WBA) in one of the following ways:
- individually;
- by transferring responsibilities, on a contractual basis, to a legally established economic operator;
- To prepare and submit to the National Environmental Protection Agency, by the 28th of February of the year following that on which B & A were placed on the market, a report containing information on the type, number and weight of B & A placed on the market and another report including information on the type, number and weight of the collected batteries and accumulators;
- To keep a record of those data for 5 years from the end of the calendar year in which it was drawn up;
- To keep a record containing information on the type, number and weight of B & A placed on the market, on the collected WBA;
- To establish WBA appropriate collection systems for meeting collection rates that:
- enable end-users to discard the WBA at an accessible collection point in their vicinity, taking into account the population density;
- force distributors to freely have back WBA when they provide new B & A;
- involve no cost for the end-users who discard the WBA and no obligation to buy new B & As;
- can be used by correlating them with WEEE collection systems
- Collect waste batteries and accumulators from end-users