New Legal Provisions regarding the Management of Packaging and Packaging Waste

Monitorul Oficial al Romaniei, Part I, No 809 / 30 October 2015 has published the law concerning the management of packaging and packaging waste (hereinafter the “Law”).

The new legal provisions which have entered into full force and effect on 2 November 2015 regulate the management of packaging and packaging waste so that the impact of such waste on the environment should be prevented or diminished. Falling within the scope of the Law are all packaging types introduced into the market, irrespective of the material of which they are made or the manner in which they are used in economic and commercial activities, in households or in any other activities, as well as all categories of packaging waste, regardless of how they are generated.

From the very date on which the Law has become effective it is only the packaging fulfilling the essential requirements stipulated therein that may be placed on the market, such requirements referring particularly to packaging production and composition, reusability and recoverability.

The Law also provides for specific obligations and responsibilities devolving on the economic operators that manufacture packaging and/or packaged products, reusable packaging, and/or commercialise products packaged in reusable packaging.

According to this legislative act, packaging waste may be selectively collected from the population through special collection systems relating to the types of recyclable waste materials, established at either municipal level or at the level of economic operators holding environmental licence to perform such activity in compliance with the Law.

The Law also establishes the annual targets for packaging waste recovery or incineration at waste incineration plants with energy recovery, as well as for packaging waste recycling, pinpointing the obligations of economic operators along this line.

With regard to consumers’ rights, the Law forbids to condition, in any way whatsoever, the consumers’ legal rights relative to the purchased product on keeping possession of its packaging.

Any infringement of the Law, unless it is deemed a crime, shall be subject to a fine ranging between RON 400 and RON 25,000.

At the date of its entry into force the Law abrogates Government Resolution No 621/2005 on the management of packaging and packaging waste, and transposes the provisions of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste, as amended, Commission Decision 97/129/EC of 28 January 1997 and Commission Decision 2005/270/EC of 22 March 2005.

LEGAL ALERT by Duncea, Stefanescu & Associates


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