Changes to GEO no. 5/2015 regarding electrical and electronic equipment waste have been approved: Law no. 127/2024

The takeaway 

Law no. 127/2024 approved Government Emergency Ordinance no. 5/2015 (GEO no. 5/2015), which established measures to reduce the negative effects of the generation and management of waste electrical and electronic equipment (WEEE), makes a series of changes to the waste reduction ordinance and introduces new standards for collection, reuse and recycling of used electronic equipment.

Law no. 127/2024 also transposes Directive 2012/19/EU of the European Parliament and of the Council on electrical and electronic equipment waste (WEEE). 

In detail

Law no. 127/2024 was:

• registered and adopted by the Senate in 2015;

• was adopted by the Chamber of Deputies, promulgated by the president by Decree and published in the Official Gazette in 2024.

The main changes or additions brought by Law no. 127/2024 to GEO no. 5/2015 on WEEE are:

• Annex no. 4 to GEO no. 5/2015 on WEEE is completed with the non-exhaustive list of EEE. In Annex no. 4 to GEO no. 5/2015, only the list of EEE was mentioned.

• The wording on the obligation of collection centers to take all WEEE from holders and distributors has been changed to ‘at least free of charge’. The wording in GEO no. 5/2015 was ‘free of charge’.

• For the WEEE reuse preparation activity, the obligation has been introduced for economic operators to be authorized in accordance with the SR EN 50614:2020 Standard, and requirements regarding the preparation for reuse of WEEE have been introduced.

• The list including the Romanian standards that adopt the European standards and the original Romanian standards in the field of treatment, including recovery, recycling and preparation for re-use of WEEE, is approved by Order of the Minister of Environment, Water and Forests no. 417/2021. In GEO no. 5/2015, only the obligation to approve the list of standards by order was mentioned.

• Minimum collection quotas have been introduced for each category of EEE introduced on the market, with the exception of photovoltaic panels:

  • From 1 January 2025, at least 15%.

  • From 1 January 2026, at least 20%.

  • from 1 January 2027, at least 30%.

  • from 1 January 2028, at least 40%.

  • from 1 January 2029, of at least 50%.

• The Environmental Authorisation will be issued only to entities that have concluded contracts with EEE producers or their collective organizations and that comply with the standards provided by Order of the Minister of Environment, Water and Forests no. 417/2021.

• A joint order of the Minister of the Environment, Waters and Forests and the Minister of the Economy, Trade and Tourism will approve the procedure and criteria for licensing, review, annual approval and cancellation of the operating license of collective organizations. The joint order will also approve the operating plan for producers which individually fulfill their obligations provided by GEO no. 5/2015 regarding authorized representatives. The composition and duties of the licensing committee will also be approved.

• As of 1 January 2025, to be authorized, a collective organization that implements the extended responsibility of EEE producer must meet the conditions and comply with the obligations provided by Law no. 127/2024.

• The financial contributions charged to producers which fulfill the extended liability obligations will be structured as follows:

  • At least 70% of the costs of collecting, receiving, treating, recovering and disposing of WEEE in environmental protection conditions for all EEE placed on the market.

  • Maximum 10% of the costs for the development/operation of the WEEE management system.

  • Maximum 5% of the costs for studies, information and awareness.

  • Maximum 15% of the operating expenses of the organization that implements the extended producer liability obligations.

  • The list of management cost values proposed by a collective organization is valid for at least six months.

• The central public authority for environmental protection, ANPM, will be able to promote a WEEE management coordination system throughout Romania with the aim of improving the unified application of extended producer responsibility and WEEE management at the national level. It will be compulsory to participate in this system for all producers, their authorized representatives and school organizations that implement the extended producer liability obligations, handlers economic operators, authorized collectors and all local public administration authorities.

• EEE producers retain responsibility for EEE placed on the market throughout their life cycle, including the waste stage, and are required to ensure that minimum targets are met for all separately collected WEEE, regardless of whether they are sent for treatment individually or through collective organizations.

• Collective organizations that implement extended producer liability have to provide a guarantee in the amount of RON 2 million in favor of the Environmental Fund Administration (EFA) in the form of a bank deposit, bank guarantee letter or other guarantee instrument issued by a banking company, valid for the entire authorisation period, with the aim of guaranteeing the fulfillment of the obligations stipulated by GEO no. 5/2015. 

• The AFM (Environment Fund Administration) evaluates guarantees annually and may request the completion of insufficient ones so as to guarantee payment obligations.

• From 1 October 2024, authorized representatives, other than collective organizations, have to provide a guarantee in the amount of RON 100,000 in favor of the AFM, valid for the entire authorisation period, with the aim of guaranteeing fiscal obligations, to be fulfilled at the request of the EFA.

• Within six months from the entry into force of Law no. 127/2024, authorized operators for the treatment of WEEE will be obliged to request the review of environmental permits.

• Within 24 months from the entry into force of Law no. 127/2024, operators authorized to treat WEEE will have to demonstrate compliance with the standards listed in the Order of the Minister of Environment, Water and Forests no. 417/2021.

• Responsibility for achieving the objectives provided by GEO no. 5/2015 and those introduced by Law 127/2204 regarding the reporting obligations for all quantities of EEE introduced on the national market and financed by producers, left unmanaged, will be the exclusive responsibility of collective organizations licensed or in the process of relicensing.

• If the EFA finds that the amount charged to a collective organization is insufficient to guarantee the payment obligations, it can request that the payment difference be paid by the affiliated producers, in proportion to their market share within the collective organization.

• The first monitoring report will be published within six months as of the entry into force of Law no. 127/2024.

Source: [Law no. 127/2024 approved GEO no. 5/2015 regarding electrical and electronic equipment waste, published in the Official Gazette no. 441 dated 14 May 2024]