Government Emergency Ordinance no. 92/2021 regarding the waste regime

In detail

Government Emergency Ordinance no. 92/2021 amends the waste regime (GEO no. 92/2021) and repeals Law no. 211/2011 on the waste regime. The purpose of the Ordinance is to align the national legislation with European objectives in this area in order to contribute to the transition to a circular economy.

GEO no. 92/2021 introduces the following main amendments:

• Municipal waste recycling targets have been increased to a minimum of 55% by 2025, a minimum of 60% by 2030 and a minimum of 65% by 2035. The calculation of recycling targets is based on the weight of municipal waste entering recycling operations. The actual weight of the recycled municipal waste is determined when it enters a recycling operation.

• The central public authority for environmental protection is to apply a waste hierarchy to protect the environment and the health of the population. That hierarchy will be enforced through landfill disposal fees, payment schemes based on the amount of waste generated, extended producer responsibility schemes, facilitation of food donations, incentives for local authorities or other instruments, and other appropriate measures.

• Materials are no longer classified as ‘waste’ once they have undergone a recycling or recovery operation and their use will not produce harmful effects on the environment or the health of the population.

• Minimum operational requirements have been introduced for extended producer responsibility schemes aimed at reducing costs, boosting performance and ensuring a level playing field for all operators, including small and medium-sized enterprises. These schemes are an essential part of an efficient waste management system.

• Local public authorities are responsible until 31 December 2023 for ensuring the separate collection and recycling at source of biowaste or separate collection without it with other types of waste.

• A database is to be established to ensure the traceability of waste from the generator to the recycling/recovery/disposal facilities. That database will form part of a wider system for encouraging the development, production, marketing and use of products and components of products containing technically durable and easily repairable recycled multi-use materials.

• Agri-food producers have to cover the costs of meeting the waste management and prevention objectives. They also have to encourage food donations under the relevant extended producer responsibility schemes.

• Holders of construction or decommissioning permits have to manage any waste resulting from specific activities and sort certain types of waste. Textile producers have to collect waste separately as of 2025.

• Increased fines for contraventions will apply as of 25 September 2021. Until then, the fines for contraventions provided by Law no. 211/2021 on the waste regime apply.

[Source: Government Emergency Ordinance no. 92/2021 on the waste regime, published in the Official Gazette no. 828 dated 26 August 2021]

The takeaway

GEO no. 92/2021 transposes into the national legislation the provisions of European directives and decisions in the field in order to ensure the transition to a circular economy. GEO no. 92/2021 completes the general framework for the waste regime and repeals Law no. 211/2011.

The normative act introduces increased municipal waste recycling targets, establishes rules for calculating recycling target and provides the framework for sustainable management of materials to protect, preserve and improve the quality of the environment, protect human health and ensure the prudent and rational management of natural resources.