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Packaging and packiging waste data reporting procedure amended

Monitorul Oficial No 130 / 23 February 2012 has published Order No 794 / 6 February 2012 of the Minister of the Environment and Forestry, regarding the procedure for reporting packaging and packaging waste data (the “Order”).

The Order addresses matters of concern to producers and importers of sales or primary packaging, to producers / importers of packaged products, as well as to those over-packaging packaged products, that individually fulfil objectives related to packaging and packaging waste management and are obligated to report relevant data to the county / regional environmental protection agency, regarding the nature, quantity, reusability of and other data on packaging and packaging waste.

The Order also sets out the reporting requirements which should be met by sales packaging importers, packaged goods producers and importers and by the entities over-packaging packaged goods that partially transferred packaging and packaging waste management obligations.  These entities shall report data on the quantity of packaging which has not been transferred.

Data are reported to the county / regional environmental protection agency in the territory of which the economic operator’s principal office has been registered.

The operators authorised to manage packaging and packaging waste on others’ behalf shall report to the National Environmental Protection Agency (“NEPA”) data regarding the total quantities of packaging in relation to which contracts have been concluded with responsible economic operators, as well as data referring to the quantities of packaging for which they have taken over responsibility from every economic operator.

The local public administration authorities shall transmit data on the packaging waste collected through local public sanitation services providers to the county / regional environmental protection agency, on the basis of the data furnished by the local sanitation operators.

NEPA has published the reporting form on its Web site.

Reports shall also be prepared in consideration of the following general information:
a) packaging / packaging waste quantities in kilograms;
b) packaging made of composite materials, subject to the preponderant material;
c) intra-Community acquisitions of packaging / packaging waste assimilated to imports;
d) column referring to wood, containing both wood and cork.

Every year, by 31 January, the Environmental Fund Administration shall provide NEPA with the electronic list of economic operators in the packaging chain registered as taxpayers.

All the relevant reports make up a national database organised and managed at NEPA level.

When the Order comes in full force and effect, Order No 927 / 2005 of the Minister of the Environment and Water Management, regarding the procedure for reporting packaging and packaging waste data, published in Monitorul Oficial al Romaniei, Part I, No 929 / 18 October 2005, shall be abrogated.

The Order becomes effective at the date of its publication in Monitorul Oficial, i.e. on 23 February 2012.

LEGAL ALERT by Duncea, Stefanescu & Associates / MAZARS

* You may find Romanian, German and French versions of the newsletter in Mazars’ archive.

* LEGAL ALERT contains a selection of the latest major issues occurred in the Romanian legislative framework, is intended only to provide information and, hence, shall not be deemed to provide professional advice or consultancy. Therefore, we assume no responsibility in this respect.

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