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Law No. 211 Of 15 November 2011 On The Regime For Waste

Original Language Title:  LEGE nr. 211 din 15 noiembrie 2011 privind regimul deşeurilor

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LEGE no. 211 211 of 15 November 2011 (* republished *) on the waste regime *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 220 220 of 28 March 2014



--------- Note * *) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, giving the texts a new numbering. Law no. 211/2011 on the waste regime was published in the Official Gazette of Romania, Part I, no. 837 837 of 25 November 2011. + § § 1. General provisions + Article 1 This law sets out the necessary measures for the protection of the environment and the health of the population, by preventing or reducing the adverse effects caused by waste generation and management and by reducing the general resources and increased efficiency of their use. + § § Two. Scope of application + Article 2 (1) The following shall be excluded from the scope of this law: a) gaseous effluents emitted into the atmosphere and carbon dioxide captured and transported for the purpose of geological storage and geologically stored according to the provisions Directive 2009 /31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Directive 85 /337/EEC of the Council as well as Directives 2000 /60/EC , 2001 2001 /80/EC , 2004 2004 /35/EC , 2006 2006 /12/EC , 2008 2008 /1/EC and a Regulation (EC) No 1.013/2006 of the European Parliament and of the Council, as amended, or excluded from the scope of that Directive according to the provisions of art. 2 2 para. ((2) of this; b) soils (in situ), including unexcavated contaminated soils and buildings permanently linked to the ground; c) uncontaminated soils and other natural geological materials excavated during construction activities, if it is certain that the material will be used for construction in its natural state and on the place from which it was excavated; d) radioactive waste; e) the explosives decried; f) faeces, if they do not fall within the scope of paragraph 1. ((2) lit. b), straw and other non-hazardous plant residues derived from agriculture or forestry and used in agriculture or forestry or for the production of energy from biomass by processes or methods that do not harm the environment and do not put danger of population health (2) It is excluded from the scope of this law, in so far as they are regulated by other normative acts, the following: a) wastewater; b) animal by-products, including processed products falling within the scope of the Regulation (EC) No 1.774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules on animal by-products not intended for human consumption, as amended, with the exception of the products to be incinerated, stored or used in a biogas plant or compost; c) carcases from animals which have died in any way other than slaughter, including animals which have been slaughtered for the eradication of an epizootic and which are disposed of in accordance with the provisions of Regulation (EC) No 1.774/2002 ,, as amended; d) waste resulting from the activities of prospecting, extraction, treatment and storage of mineral resources, as well as the exploitation of quarries, which fall within the scope of Government Decision no. 856/2008 on waste management from extractive industries. ((. Without prejudice to the obligations laid down by other applicable normative acts, the sediments deposited in surface waters for the purposes of water and waterway management or flood prevention, mitigation of the effects of floods and droughts or land deanation is not subject to the provisions of this law, if proof is made that the premises are non-hazardous. (4) The normative acts transposing individual directives may establish for the management of certain categories of waste special rules for individual cases or rules that supplement the provisions of this law. + § § 3. Definitions + Article 3 The meaning of the specific terms used in this Law is set out in Annex no. 1. + § § Four. Waste hierarchy + Article 4 ((1) The waste hierarchy shall be applied according to the order of priorities in the framework of legislation and of the policy on prevention of generation and waste management, as follows: a) prevention; b) preparation for re-use; c) recycling; d) other recovery operations, e.g. energy recovery; e) removal. (2) Application of the waste hierarchy referred to in par. ((1) aims at encouraging action to prevent the efficient and effective generation and management of waste so as to reduce their negative effects on the environment. (3) In this regard, for certain specific waste streams, the application of the waste hierarchy may undergo changes on the basis of the life-cycle analysis on the overall effects of the generation and management of such waste. (4) The central public authority for environmental protection ensures a transparent process of drafting normative acts and waste management policy, in compliance with the provisions Law no. 52/2003 on decision-making transparency in public administration, republished. (5) The central public authority for environmental protection takes into account the general principles of environmental protection, precaution and sustainability, technical feasibility and economic viability, resource protection as well as global impact on the environment, population health, economy and society, according to art. 1 1 and 20. + § § Five. Subproducts + Article 5 It is considered as a by-product, and not waste as defined in section 6.6. 9 9 of Annex no. 1, a substance or an object resulting from a production process whose main objective is not its production and which meets, cumulatively, the following conditions: a) the subsequent use of the substance or object is certain; b) the substance or the object may be used directly, without being subjected to further processing to that provided for by the usual industrial practice; c) the substance or the object is produced as an integral part of a production process; d) the subsequent use is legal, in the sense that the substance or object meets all the relevant product requirements, environmental protection and health protection for specific use and will not produce harmful global effects on the environment or population health. + § § Six. Termination of waste status + Article 6 ((1) Where certain categories of waste have undergone an operation set out in Annex no. 3 and if they meet the specific criteria set out by the European Commission, they cease to be considered waste, for the purposes of this Law. (2) Waste that ceases to be considered waste, according to the provisions of par. ((1), cease to be regarded as waste for the purpose of achieving the objectives of recovery and recycling provided for by Government Decision no. 621/2005 on the management of packaging and packaging waste, as amended and supplemented, Government Decision no. 2.406/2004 on the management of vehicles and end-of-life vehicles, as amended and supplemented, Government Decision no. 1.037/2010 on waste electrical and electronic equipment, Government Decision no. 1.132/2008 on the regime of batteries and accumulators and waste batteries and accumulators, with subsequent amendments and completions, as well as other normative acts. (3) In the absence of the criteria established at Community level referred to in paragraph (1), the central public authority for the protection of the environment may decide, by order of the Minister, for each case, whether a certain waste has ceased to be considered as such, on the basis of studies assessing the social/economic impact and on the environment, carried out by it or any other authority/institution at national or European level, in compliance with the following conditions: a) the substance or the object is commonly used for the performance of specific purposes; b) there is a market or demand for the substance or subject matter; c) the substance or object meets the technical requirements for the fulfilment of specific purposes and complies with the legislation and rules applicable to d) the use of the substance or object will not cause any harmful effects on the environment or health (4) The orders referred to in par. (3) are notified to the Member States of the European Union and to the European Commission, Government Decision no. 1.016/2004 on measures for the organisation and exchange of information in the field of technical standards and regulations and of rules on information society services between Romania and the Member States of the Union European, as well as the European Commission, with subsequent amendments and completions. + § § Seven. Waste List + Article 7 (1) The list of waste approved by the European Commission shall be taken into national law by Government decision *). ---------- Note * *) See Government Decision no. 856/2002 on the record of waste management and for the approval of the list of waste, including hazardous waste, published in the Official Gazette of Romania, Part I, no. 659 of September 5, 2002, with subsequent additions. (2) The list of waste is compulsory to determine whether a waste should be considered hazardous waste. ((3) The inclusion of an object or substance on the list does not mean that the object or substance is considered as waste in any circumstance. (. A substance or an object shall be considered as waste only if it meets the definition set out in point (a). 9 9 of Annex no. 1. + Article 8 (1) Producers and holders of legal entities are obliged to frame each type of waste generated from their own activity in the list of waste provided for in art. 7 7 para. ((1). (2) In the case of a type of waste falling according to the list of waste provided for in art. 7 7 para. (1) under two different codes according to the possible presence of dangerous characteristics-the codes marked with the asterisk, the classification as non-hazardous waste is carried out by the producers and holders of such waste only on the basis of a analyses of origin, tests, analysis bulletins and other relevant documents. (3) The reference laboratory of the National Environmental Protection Agency, hereinafter referred to as ANPM, shall consider cases of uncertainty regarding the characterization and classification of waste. (4) Producers and holders of legal entities are obliged to carry out and possess a characterisation of hazardous waste generated from their own activity and waste which may be considered dangerous due to its origin or composition, for the purpose of determining the blending possibilities, methods of treatment and disposal. (. Manufacturers and holders of public defence, public order and national security shall be obliged to comply with the codes set out in Annex no. 2 2 to Government Decision no. 856/2002 on the evidence of waste management and for the approval of the list of waste, including hazardous waste, with subsequent additions, each type of waste generated by its own activity, on the basis of specific regulations for the management waste. + Article 9 ((1) On the basis of origin, tests, analysis bulletins and other relevant documents made available by the producers and holders of waste referred to in art. 8 8 para. ((4) and (5), the central public authority for environmental protection considers that a waste is dangerous even if it does not appear as such on the list of waste provided for in art. 7 7 para. ((1), if it presents one or more of the properties set out in Annex no. 4. (2) The central public authority for environmental protection shall notify the European Commission, expeditiously, of the waste considered as hazardous and not listed as such on the list of waste referred to in Article 1. 7 7 para. ((1) and records them in the report provided for in art. 48 48 para. (3), providing the European Commission with all relevant information. + Article 10 ((1) Where the central public authority for environmental protection has evidence showing that a waste listed on the waste list referred to in art. 7 7 para. ((1) as dangerous does not present any of the properties set out in Annex no. 4 may consider this waste to be non-hazardous. (2) The central public authority for environmental protection shall notify the European Commission, expeditiously, of the cases referred to in (1), providing all relevant information with a view to reviewing the waste list. + Article 11 Reclassification of hazardous waste as non-hazardous waste cannot be achieved by diluting or mixing it in order to reduce the initial concentrations of hazardous substances up to a level below the level provided for as a waste is defined as dangerous. + § § 8. Extended producer liability + Article 12 ((1) In order to prevent, reuse, recycle and other types of waste recovery, the central public authority for environmental protection shall promote or, where appropriate, propose measures of a legislative or non-legislative nature by which the manufacturer of the product, the authorized natural person or the legal person who, on a professional basis, designs, manufactures, processes, treats, sells or imports products is subject to an extended liability regime of the manufacturer. (2) The measures provided in par. (1) include, but are not limited to, the following: a) encouraging the adoption, from the product design phase, of solutions that reduce the environmental impact and waste generation in the manufacturing process and the period of use of the products and ensure compliance Art. 4 4 para. ((1)-(3) when they become waste; b) encouraging the production and marketing of products with multiple, technically sustainable uses and which, after becoming waste, can be properly harnessed and whose disposal is compatible with the principles of protection of the environment; c) acceptance of returned products and resulting waste after the products are no longer used and ensure their subsequent management without causing harm to the environment or to the health of the population, as well as the assumption of financial liability; d) making available information available to the public on the reusable and recyclable nature of the products. (3) In order to apply the extended liability of the manufacturer, technical feasibility and economic viability, the global effects on the environment and the health of the population, and the social impact shall be taken into account, in compliance with the need to ensure proper functioning of the internal market. (. The extended liability of producers shall apply without prejudice to the responsibilities laid down in Article 4. 22 22 para. ((1) and art. 23 23 and specific legislation on waste and product flows. + § § 9. Waste recovery + Article 13 Waste producers and waste holders are required to capitalize on them, in compliance with the provisions of art. 4 4 para. ((1)-(3) and art. 20. + Article 14 (1) In order to ensure a high degree of recovery, waste producers and landholders are obliged to collect separately at least the following categories of waste: paper, metal, plastic and glass. (2) Economic operators who ensure the collection and transport of waste provided in par. (1) have the obligation to ensure the separate collection of the waste provided in par. ((1) and not to mix this waste. + Article 15 (. The units and undertakings which use waste shall have the following obligations: a) to hold specially arranged spaces for the storage of waste under conditions that guarantee the reduction of the risk to human health and deterioration of the environmental quality; b) avoid the formation of stocks of waste to be recovered, as well as products resulting from recovery that could generate environmental pollution phenomena or pose risks to the health of the population; c) adopt the best available techniques in the field of waste recovery, at the time of purchase. (2) Economic operators carrying out waste recovery operations, as set out in Annex no. 3, join the Ministry of Economy. (3) The registration procedure for economic operators referred to in par. (2) shall be established by order of the Minister of Economy, with the opinion of the Minister of the Environment and Climate Change, within 120 days from the date of entry into force of this Law. + § § 10. Reuse and recycling + Article 16 (. The authorities of the central public administration responsible for environmental protection shall adopt or, where appropriate, propose appropriate measures to promote the reuse of products and their preparation activities for reuse in particular by: a) stimulating the implementation of networks to repair and reuse products; b) use of economic instruments; c) the introduction of criteria relating to public procurement; d) the establishment of quantitative targets or other measures. (2) The central public authority for environmental protection shall promote high quality recycling by applying separate waste collection to the extent that it is technically, economically and environmentally feasible and complies with the quality standards in the respective recycling sector, through normative acts that are subject to Government approval. + Article 17 (1) The authorities of the local public administration have the obligation to ensure separate collection for at least the following types of waste: paper, metal, plastic and glass starting with 2012. (. Waste producers and local public administration authorities shall have the following duties: a) achieve, by 2020, a level of preparation for reuse and recycling of at least 50% of the total mass of waste quantities, such as paper, metal, plastic and glass coming from household waste and, where applicable, from other sources, in so far as these waste streams are similar to waste from household waste; b) to achieve, by 2020, a level of preparation for reuse, recycling and other material recovery operations, including backfilling filling operations using waste to replace other materials, of at least 70% of the mass quantities of non-hazardous waste from construction and demolition activities, with the exception of natural geological materials defined in category 17 05 04 of Government Decision no. 856/2002 , with subsequent additions. + Article 18 (1) The central public authority for environmental protection shall record the stage of meeting the objectives set out in 17 17 para. (2) in the report provided for in art. 48 48 para. ((3). ((. In the event of failure to meet the objectives, the report shall include the reasons for that failure and the measures that all the factors involved intend to take in order to achieve those objectives. + § § 11. Elimination + Article 19 (1) Waste producers and landholders have the obligation to submit waste that has not been recovered to a safe disposal operation, which meets the requirements of art. 20. (2) The economic operators authorized from the point of view of environmental protection for the waste disposal activity shall have the following obligations: a) ensure the complete disposal of the waste entrusted to them; b) to use the best available techniques and which do not entail excessive waste costs; c) to place and arrange the waste disposal plant in a space and under conditions established by the territorial authorities for the protection of the competent environment; d) introduce in the disposal plant only the waste specified in the authorization issued by the competent authorities and comply with the disposal technology approved by them. ((3) Abandoning of waste is prohibited. ((. The removal of waste outside the premises authorised for that purpose shall be prohibited. + § § 12. Protection of public health and the environment + Article 20 Waste management must be carried out without endangering human health and without damaging the environment, in particular: a) without generating risks for air, water, soil, fauna or flora; b) without creating discomfort due to noise or odors; c) without adversely affecting the landscape or areas of particular interest. + § § 13. Costs + Article 21 (. In accordance with the "polluter pays" principle, the costs of waste management operations shall be borne by the waste producer or, as the case may be, by the current or previous holder of the waste. ((2) At the proposal of the central public authority for environmental protection, the normative act governing the waste category shall determine the cases in which the costs of waste management are to be borne in whole or in part by the the manufacturer of the product from which the waste derives and the possible participation of distributors of such a product at these costs. (3) In the case of abandoned waste and where the producer/landholder is unknown, the expenses related to the cleaning and restoration of the environment, as well as those of transport, recovery, recovery/recycling, disposal shall be borne by the local public administration authority. (4) After the identification of the producer/holder of waste, he is obliged to bear both the expenses provided in par. ((3), carried out by the local public administration authority and those related to the actions taken for identification. + § § 14. Responsibility for waste management + Article 22 (1) The waste producer or, as the case may be, any landholder has the obligation to carry out the treatment operations in accordance with the provisions of art. 4 4 para. ((1)-(3) and art. 20 20 or to transfer these operations to an authorized economic operator carrying out waste treatment activities or to a public or private waste collection operator in accordance with the provisions of art. 4 4 para. ((1)-(3) and art. 20. (2) Economic operators authorized in terms of environmental protection to carry out collection and transport operations have the obligation to transport the waste only to facilities authorized to carry out the treatment operations. (3) Owners/producers of legal entities, traders, as well as economic operators referred to in par. (2) have the obligation to designate a person from among their employees to follow and ensure the fulfilment of the obligations provided by this law or to delegate this obligation to a third person. (4) Designated persons referred to in par. ((3), must be trained in the field of waste management, including hazardous waste, as a result of the completion of specialized courses. + Article 23 (1) The producer or holder who transfers waste to one of the natural or legal persons referred to in art. 22 22 para. ((1) in order to carry out preliminary treatment operations for recovery or complete disposal operations, it is not exempted from the responsibility for carrying out the operations of recovery or complete elimination. ((2) At the proposal of the central public authority for environmental protection, the regulatory act governing the waste category lays down the conditions for the responsibility of waste management and the cases in which the original producer wastes responsibility for the whole chain of the treatment process or cases where the responsibility of the manufacturer and the landholder may be shared or delegated among the factors involved in the chain of the treatment process. (3) On the proposal of the central public authority for environmental protection, through the normative act regulating the category of waste, in accordance with the provisions of art 12 12, it shall be determined whether the organisation of the waste management activities is partially or wholly responsible for the producer of the product from which that waste derives and the extent to which the distributor of that product concerned responsibility. (4) The provisions of par. ((2) and (3) shall apply insofar as the assessment studies carried out at the request of the central public authority for environmental protection determine the appropriateness of the responsibility for the management of (5) If the division of responsibility for waste treatment involves the transport of waste over Romania's border, it can be carried out only in compliance with the Community provisions on waste transfers. (6) The transition periods provided for in the Treaty of Accession of Romania to the European Union, as well as those provided for by the Government Decision no. 788/2007 laying down measures for the application of Regulation of the European Parliament and of the Council (EC) No 1.013/2006 on the transfer of waste, with subsequent amendments and completions. + § § 15. Principles of autonomy and proximity + Article 24 (1) The central public authority for the protection of the environment shall work with the other public authorities responsible for waste management and with the competent authorities of other Member States for the establishment of an adequate integrated network of waste disposal units and mixed municipal waste recovery facilities collected from households, including where such collection also covers waste from other producers, taking into account of the best available techniques, which do not entail excessive costs, in compliance with the requirements of the Treaty of Accession of Romania to the European Union ((. The network shall be designed in such a way as to enable the European Union to ensure by its own means the disposal of waste and the recovery of the waste (1), and in order to allow Romania to act individually for this purpose, taking into account the geographical conditions or the need for specialized installations for certain types of waste. (3) The network provided in par. ((1) and (2) must allow the disposal and recovery of waste in the nearest appropriate facilities, by the most appropriate methods and techniques, in order to ensure a high level of protection for the environment and public health. ((4) By way of derogation from provisions Regulation (EC) No 1.013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, as amended, Romania may limit, in order to protect the national network, the entries of shipments of waste for incinerators classified as recovery facilities, where the central public authority for environmental protection has determined that such transport would lead to the need for the disposal of national waste or would entail the treatment of such waste in a way that is not consistent with the national waste management plan. (5) If the central public authority for environmental protection applies the provisions of par. ((4), it shall notify the European Commission decision. (6) The application of the principles of autonomy and proximity does not signify the obligation to hold at national level all types of installations for the recovery and disposal of waste. + Article 25 Environmental protection agencies and local public authorities shall take into account the development of local strategic documents and the approval of investments in the field of waste management the principle of autonomy and proximity, without prejudice to the national waste management plan and the national waste management strategy. + § § 16. Hazardous waste control + Article 26 (1) Manufacturers/Owners of hazardous waste, as well as economic operators authorized from the point of view of environmental protection to carry out activities of collection, transport, storage, treatment or recovery of hazardous waste are obliged to collect, transport and store separately the different categories of hazardous waste, depending on the physico-chemical properties, the compatibilities and the nature of the extinguishing substances that can be used for each category of wastes in case of fire, so that a high degree of environmental protection and population health according to the provisions of art. 20, including ensuring traceability from the place of generation to the final destination, according to the provisions of art. 49 49 and 60. ((2) Control of generation, collection, transport operations, temporary storage and treatment in the case of hazardous waste shall be carried out by the institutions empowered by law and shall in particular take into account the origin, destination, and and the measures taken by the waste producer for the packaging and labelling of such waste. (3) The transport of hazardous waste on the territory of Romania is regulated by Government decision *). ---------- Note * *) See Government Decision no. 1.061/2008 on the transport of hazardous and non-hazardous waste on the territory of Romania, published in the Official Gazette of Romania, Part I, 672 672 of 30 September 2008. + § § 17. Prohibition of mixing hazardous waste + Article 27 (1) Dangerous waste producers and holders, including traders and brokers who may physically take possession of waste are required not to mix the various categories of hazardous waste with other categories of hazardous waste or with other wastes, substances or materials. (2) Mixing includes dilution of hazardous substances. (3) By exception to the provisions of par. (. The territorial public authorities for the protection of the environment may authorise the mixing if: a) the mixing operation is carried out by an authorized economic operator, according to the provisions of art. 32 32; b) the conditions laid down in art. 20, and the harmful effects of waste management on population health and the environment are not aggravated; c) the mixing operation shall be carried out in accordance with the best available techniques; d) characterization of waste provided in art. 8 8 para. (4) allows this process. (4) In situations where hazardous waste is already mixed with other waste, substances or materials, without being the case for those referred to in par. (3), the separation must be carried out only if it is technically and economically feasible and if it is necessary to comply with the provisions of art. 20. + § § 18. Hazardous waste labelling + Article 28 (1) Waste producers are obliged to ensure that during the performance of the operations of collection, transport and storage of hazardous waste they are packaged and labelled according to the provisions of Regulation (EC) no. 1.272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 1999 /45/EC ,, as amended as well as amending the Regulation (EC) No 1.907/2006 ,, as amended, the Government Decision no. 1.408/2008 on the classification, packaging and labelling of dangerous substances and of Government Decision no. 937/2010 on the classification, packaging and labelling of the placing on the market of dangerous preparations. ((2) The transfer of hazardous waste to the national territory must be accompanied by the identification document set out in Annex IB to Commission Implementing Regulation (EU) No 1.013/2006 , with subsequent amendments and completions. + § § 19. Hazardous waste resulting from households + Article 29 (1) The provisions of art. 26-28 and 49 do not apply to mixed municipal waste from households. (2) The provisions of art. 28 28 and 49 shall not apply to separate fractions of hazardous waste coming from households until they are not accepted for collection, disposal or recovery by an establishment or undertaking which has obtained an authorisation. or was registered according to art. 32 32 or 36. + § § 20. Waste oils + Article 30 ((1) Without prejudice to the obligations concerning the management of hazardous waste referred to in art. 27 and 28, manufacturers and holders of hazardous waste must comply with the provisions of art. 4 4 para. ((1)-(3) and art. 20 in the management of used oils. (2) The management activity of waste oils is regulated by Government decision * *). ----------- Note ** **) See Government Decision no. 235/2007 on the management of waste oils, published in the Official Gazette of Romania, Part I, no. 199 199 of 22 March 2007. (3) In order to give priority to the regeneration of waste oils, the provisions of art. 11 11 or 12 of Commission Implementing Regulation (EU) No 1.013/2006 , with subsequent amendments and completions, in case of transfer of waste oils from Romania to incineration or co-incineration plants located on the territory of other Member States or third countries. + § § 21. Biowaste + Article 31 (1) Local public administration authorities, according to art. 4 4 para. ((1)-(3) and art. 20, have the following responsibilities: a) to collect separately the biowaste, in order to compost and ferment them; b) to treat bio-waste in a way that ensures a high level of environmental protection; c) to use safe materials for the environment, products from biowaste; d) encourage individual composting in households. (2) biodegradable waste from parks and gardens must be collected separately and transported to composting stations or individual composting platforms. ((. Where biowaste collected separately contains hazardous substances, it shall be prohibited to treat them in composting stations. + § § 22. Authorisations and registrations + Article 32 (. All units or undertakings carrying out waste treatment activities shall be required to obtain an integrated environmental permit/authorisation issued by the competent authorities for the protection of the environment. (. The integrated environmental authorisation/authorisation shall contain at least the following: a) the types and quantities of waste that may be treated; b) the technical and any other requirements applicable to the site concerned for each type of operation authorised; c) the safety and prevention measures to be taken; d) method to be applied for each type of operation; e) monitoring and control of operations, as appropriate; f) the subsequent closure and maintenance measures, as the case may be. (3) The integrated environmental authorization/authorization shall be issued and reviewed in accordance with the provisions of the art. 16 16 para. (2) and (4) of Government Emergency Ordinance no. 195/2005 on environmental protection, approved with amendments and additions by Law no. 265/2006 , with subsequent amendments and completions. + Article 33 ((1) If the territorial public authority for environmental protection considers that the proposed treatment method is not acceptable from the point of view of environmental protection, in particular when the method is not in accordance with the provisions of art. 20, it refuses to issue the integrated authorization/authorization. (2) Authorizations/Integrated authorisations for incineration or co-incineration operations with solid municipal waste energy recovery shall be issued if energy recovery is achieved with energy efficiency greater than or equal to that. set out in Annex no. 3 3 for Operation R1. + § § 23. Derogations from the authorisation requirement + Article 34 The territorial public authority for environmental protection may grant, on the basis of the general rules established by the central public authority for the protection of the environment, to establishments or undertakings derogations from the obligation 32 32 para. (1) for the following operations: a) the disposal of their own non-hazardous waste at b) waste recovery. + § § 24. Conditions for exemptions + Article 35 (1) For granting derogations according to the provisions of art. 34 the central public authority for the protection of the environment shall establish, for each type of activity, general rules providing for: a) the types and quantities of waste which may be subject to a derogation; b) the method of treatment to be applied. (2) These rules shall be established so as to ensure that the waste is treated according to the provisions of art. 20. (3) In the case of removal operations provided for in art. 34 lit. a), the rules must take into account the best available techniques. (4) In addition to the general rules provided in par. ((1), the central public authority for environmental protection lays down special conditions for derogations granted in the case of hazardous waste, including types of activities, and other possible requirements for the performance of the various forms of recovery and, where appropriate, limit values for the content of hazardous substances of waste and emission limit values, but excluding the derogations provided for in art. 34. (5) The central public authority for environmental protection shall inform the European Commission of the rules referred to in paragraph 1. ((1)-(3). + § § 25. Registration + Article 36 ((. Where the listed structures are not subject to authorisation requirements, the ANPM shall maintain a register of: a) economic operators who collect and transport waste in a professional system; b) traders or brokers; c) economic operators who are subject to derogations from the authorization requirements according to the provisions of art. 34. (2) Authorized individuals and legal entities referred to in par. (1) are obliged to inform, by December 31 of each year, the territorial public authority for environmental protection of the activity carried out. (3) In order to reduce the administrative burden associated with the registration process, the environmental protection agencies shall communicate to ANPM relevant information on the natural and legal persons referred to in par. ((1). (4) ANPM elaborates the registration procedure in the register provided in par. (1), within 120 days from the date of entry into force of this Law, which will be approved by order of the head of the central public authority for environmental protection. (5) Institutions carrying out activities concerning the defense of the country and national security shall not be registered in the register provided in par. ((1). + § § 26. Waste management plans + Article 37 (1) In order to achieve the objectives of this law, waste management plans are developed at national, regional, county level, including Bucharest. (2) The National Waste Management Plan, hereinafter referred to as PNGD, shall be drawn up by the central public authority for the protection of the environment and shall cover the entire geographical territory of Romania. (3) The plan provided in par. (2) is approved by Government decision and shall be notified to the European Commission. + Article 38 ((1) Based on the principles and objectives set out in the GNP and the general framework established by Order of Environment Minister and Sustainable Development no. 951/2007 on the approval of the Methodology for the elaboration of regional and county waste management plans shall be drawn up/carried out/revisit the regional waste management plans, hereinafter referred to as PRGD, by the Regional Agency for Environmental Protection, hereinafter referred to as ARPM, together with all county councils belonging to that region. ((2) The PRGD shall be approved by order of the head of the central public authority for environmental protection. + Article 39 ((1) Based on the principles and objectives of the NDP and the general framework of the Order of Environment Minister and Sustainable Development no. 951/2007 se/revisit/revisit the county waste management plans, hereinafter referred to as PJGD, by the county council, in collaboration with the county environmental protection agency, hereinafter referred to as APM, and the management plan of the waste for the city of Bucharest, hereinafter referred to as PMGD, by the General Council of Bucharest Municipality in collaboration with the territorial public authority for environmental protection Bucharest. (2) PJGD is approved by decision of the county council, and PMGD, by decision of the General Council of Bucharest, with the opinion of APM or ARPM, as the case may be. + Article 40 ((1) The realization of studies, surveys and projects necessary for the elaboration of waste management plans can be entrusted with compliance with the legal provisions on public procurement. ((2) The development and approval of waste management plans shall be carried out in compliance with the procedure for carrying out the environmental assessment for plans and programmes. (3) The public authorities and economic operators have the obligation to provide the data necessary for the elaboration of the plans, + Article 41 (1) The waste management plans shall include an analysis of the current situation in the field of management of all categories of waste and the measures to be taken to improve environmental conditions in the case of preparation for re-use, recycling, recovery and disposal, as well as an assessment of how the plans will help implement the objectives and provisions of the present law. (2) The plans provided in par. (1), taking into account the geographical level and coverage of the planning area, shall contain at least the following: a) the objectives and priorities of the local public administration authorities in order to fulfil the obligations of waste management b) the type, quantity and source of the waste generated in the territory, the waste that could be shipped from or to the national territory, as well as an assessment of the future evolution of waste streams; c) the existing waste collection schemes and the main disposal and recovery facilities, including any special arrangements for waste oils, hazardous waste or waste streams covered by the specific legislation; d) an assessment of the need for new collection schemes, the closure of existing waste facilities, the additional infrastructure for waste installations according to the provisions of art. 24 and, where applicable, investments related thereto; e) sufficient information on the criteria for the identification of the site and the future capacity for disposal or operation of major recovery facilities, where applicable; f) general waste management policies, including planned waste management technologies and methods or waste policies that raise specific management problems; g) estimation of the costs for investments in the recovery and disposal operations; h) the stages to be followed by the authorities responsible for fulfilling the provisions of this law i) how to implement waste management plans; j) any other relevant information necessary to ensure the achievement of the objectives of this (3) Taking into account the geographical level and coverage of the planning area, the plans provided in par. ((1) may contain: a) organisational aspects relating to waste management, including a description of the allocation of responsibilities between public and private actors dealing with waste management; b) an analysis of the usefulness and suitability of the use of economic and other instruments for the resolution of various waste problems, taking into account the need to maintain a proper functioning of the internal market; c) the use of awareness-raising and information campaigns to the general public or to particular categories of consumers; d) historical contaminated sites of waste disposal and measures for their rehabilitation. (4) Waste management plans comply with the waste management requirements established by art. 23 of Government Decision no. 621/2005 , with subsequent amendments and completions, and by art. 6 6 para. (1) of Government Decision no. 349/2005 on waste storage, with subsequent amendments and completions. + § § 27. Waste generation prevention programmes + Article 42 (1) The central public authority for environmental protection, according to art. 1 1 and 4, shall adopt, by 12 December 2013, programmes to prevent the generation of waste at national level. (2) The waste prevention programs may be part of the waste management plans provided for in art. 37, from other environmental policy programs or to be developed as distinct programs. (3) If the programs referred to in par. (1) are integrated into waste management plans or other programmes, waste prevention measures should be clearly identified. (4) The programs provided in par. (1) set targets to prevent waste generation. (5) The central public environmental protection authority shall describe the existing prevention measures and assess the usefulness of the examples of measures set out in Annex no. 5 5 or other appropriate measures. (6) The purpose of the objectives and measures provided for in ((4) and (5) is the elimination of the link between economic growth and the environmental impact associated with waste generation. (7) The central public authority for environmental protection sets out specific qualitative or quantitative reference values, suitable for waste prevention measures, adopted to monitor and evaluate the progress of the measures, and may establish other qualitative or quantitative targets and specific indicators in addition to those provided for in Community legislation, on the basis of evaluation studies. + Article 43 (1) The legal person exercising an activity of a commercial or industrial nature, having regard to the results of a waste audit, is obliged to draw up and implement, since 2012, a program to prevent and reduce the quantities of waste generated from its own activity or, where applicable, from any manufactured product, including measures that comply with a particular product design, and to adopt measures to reduce the hazardous waste. (2) The program provided in par. (1) may also be elaborated by a third person/professional association. + § § 28. Evaluation/Monitoring and review of plans and programmes + Article 44 ((1) PNGD shall be monitored annually by the central public authority for environmental protection through ANPM, shall be evaluated at least every 6 years and shall be reviewed, as appropriate. ((. PJGD shall be monitored annually, shall be evaluated by APM every 2 years and shall be reviewed as appropriate. (3) The PJGD review is carried out by the county council, based on the recommendations of the monitoring/evaluation report prepared by APM. (4) The PRGD review shall be carried out by the ARPM together with all the county councils in the respective region, based on the recommendations of the monitoring/evaluation report prepared by ARPM. (5) The PNGD review is carried out by the central public authority for environmental protection, based on the recommendations of the monitoring/evaluation report prepared by ANPM. + Article 45 The PRGD shall be monitored annually, shall be evaluated every 2 years and shall be reviewed, as appropriate, by the ARPM together with all the county councils in that region. + § § 29. Public participation + Article 46 (1) Territorial public authorities for environmental protection that develop and promote waste management plans and waste generation prevention programs display plans and programs on their own website, so that the parties interested, the relevant authorities, as well as the public: a) the possibility to participate in their elaboration; b) access to them, once elaborated. ((2) The participation of the relevant stakeholders, the relevant authorities and the public in the development of the promoted plans and programmes shall be carried out in the environmental assessment procedure for those plans and programmes which are subject to this procedure, according to the provisions Government Decision no. 1.076/2004 establishing the procedure for the implementation of the environmental assessment for plans and programmes, as amended. + § § 30. Cooperation + Article 47 Public authorities shall cooperate, where appropriate, with other Member States concerned and with the European Commission in the development of waste management plans and waste prevention programmes referred to in Article 3. 37 37 and 42. + § § 31. Reporting + Article 48 (1) The territorial public authorities for environmental protection inform the central public authority for environmental protection regarding the adoption or revision of the plans and programs developed at local/regional level provided in art. 38 38 and 39. (2) The central public authority for environmental protection shall inform the European Commission of the adoption or amendment of the plans and programmes provided for in art. 37 37 and 42. (3) Every 3 years, the central public authority for environmental protection informs the European Commission, by submitting sectoral reports in electronic format, on the implementation of the provisions of this law. (4) These reports contain information on the management of waste oils and on the progress made in the implementation of waste prevention programmes and, where appropriate, information on the applicable measures, as is provided in art. 12 12, regarding the manufacturer's responsibility (5) The report provided in par. (3) shall be transmitted to the European Commission by the central public authority for the protection of the environment, within 9 months of the end of the 3-year period for which it is drawn up. + § § 32. Record keeping + Article 49 (1) Waste producers, landholders, traders and brokers as defined in Annex no. 1 1, as well as economic operators carrying out waste treatment activities, are obliged to ensure the record of waste management for each type of waste, in accordance with the model set out in Annex no. 1 1 to Government Decision no. 856/2002 , with subsequent additions, and to transmit it annually to the county environmental protection agency. (2) Manufacturers and holders of legal entities, in addition to the evidence provided in par. (1), must keep the analysis bulletins which characterise the hazardous waste generated from their own activity and submit, upon request, to the competent authorities for the protection of the environment. (3) The Environmental Protection Agency shall keep for statistical purposes, at least 5 years, the records provided in par. ((1). (4) Legal persons/Authorized natural persons, as well as producers of hazardous waste, economic operators who are authorized for the collection and transport of hazardous waste or acting as traders or brokers are obliged to keep a chronological record of the quantity, nature, origin and, as the case may be, the destination, the frequency, the means of transport, the method of treatment, and the operations provided for in Annexes no. 2 and 3 and make it available to the competent authorities at their request. (5) Economic operators referred to in par. ((1) are obliged to keep records of waste management for at least 3 years, with the exception of economic operators carrying out transport activities, which must keep records for at least 12 months. ((. At the request of the competent authorities or a previous holder, the supporting documents shall be provided that the management operations have been carried out. (7) By exception to the provisions of par. (1), institutions carrying out activities concerning the defence of the country and national security shall transmit the records of the annual, centralised waste management to the central public authority for environmental protection. ((8) ANPM centralizes the information set out in Annex no. 1 1 to Government Decision no. 856/2002 , with subsequent additions, collected by environmental protection agencies. + § § 33. Tasks and responsibilities of central and local public administration competent authorities + Article 50 (1) The competent authority for decision and control in the field of waste management is the Ministry of Environment and Climate Change. (2) Other public authorities with attributions in the field of waste management are: Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Labour, Family, Social Protection and Elderly, Ministry of Economy, Ministry of Regional Development and Public Administration, Ministry of National Defence, public order institutions and national security and local public administration authorities. + Article 51 The Ministry of Environment and Climate Change has the following tasks: a) elaborates the National Waste Management and PNGD Strategy; b) initiates and proposes for adoption draft normative acts concerning waste management; c) endorses specific regulations in the field of waste management, elaborated by other public authorities; d) monitor the impact of waste production and management activities on environmental factors; e) control and regulate, through subordinate units, waste management activities, in accordance with the powers and powers established by law; f) authorizes, through its subordinate units, the operations provided for in Annexes no. 2 2 and 3; g) presents annually to the Government reports on waste management; h) organizes together with the other central and local public authorities and non-governmental organizations programs for training and education of the population in the field of waste management; i) manages financial assistance from non-reimbursable external funds granted to Romania for the field of waste management, within the scope of its activity; j) performs the function of management authority in the waste management sector for projects financed by financial assistance from non-reimbursable external funds granted to Romania. + Article 52 The Ministry of Health has the following a) assess, through the competent structures, the possible impact on the health of the population determined by the functioning of the waste generating objectives of any kind and/or the objectives that process waste; b) elaborates the strategy and the waste management program resulting from the medical activity and any other activities that generate the waste provided for in item 18 18 of Annex no. 2 2 to Government Decision no. 856/2002 , with subsequent additions, at national level, and ensures the conditions for carrying out them; c) develop specific regulations for the management of waste from medical activities and any other activities that generate the waste referred to in point 18 18 of Annex no. 2 2 to Government Decision no. 856/2002 , with subsequent additions, with the opinion of the central public authority for environmental protection; d) monitor and control waste management activities, in accordance with the powers and powers established by law; e) coordinate the implementation of legislative provisions in the field of waste management resulting from medical activity and any other activities that generate the waste provided in item 18 18 of Annex no. 2 2 to Government Decision no. 856/2002 , with subsequent additions; f) approves funds to the county public health authorities and the city of Bucharest for the monitoring and control of activities related to the management of waste resulting from medical activity at local level; g) manages the database of waste resulting from medical activity and any other activities that generate the waste referred to in item 18 18 of Annex no. 2 2 to Government Decision no. 856/2002 , with subsequent additions; h) ensures, at the level of each health unit, through the National Health Insurance House, the necessary funds for waste management. + Article 53 The Ministry of Economy has the following a) develop strategies, programs and sectoral policies for the development of industrial activities, with the inclusion of aspects related to the management of industrial green reconstruction waste, and aims to implement them; b) initiate specific regulations for the management of different types of industrial waste, as well as for the recycling and recovery operations of this waste, with the opinion of the central public authority for environmental protection; c) coordinates and supervises the industrial waste recycling activity. + Article 54 The Ministry of Transport has the following a) participate in the elaboration of sectoral plans for the management of waste from transport and ancillary activities and shall aim to achieve them by economic operators under or in its coordination; b) participate in the development of specific regulations on the management of waste from transport and ancillary activities; c) participate in the development of specific regulations for controlling the transport activity of waste. + Article 55 The Ministry of Agriculture and Rural Development has the following tasks: a) develop sectoral strategies and programmes for the management of waste from agriculture and the food industry and aim to achieve them by the companies regulated by Company law no. 31/1990 , republished, with subsequent amendments and completions, and other economic operators from these economic sectors; b) participate in the development of specific regulations on the management of waste from agriculture and food industry; c) endorses the proposals for sites on agricultural land for waste management facilities, landfills, etc.; d) approve and control how to use waste to fertilize or relieve soils in agriculture. + Article 56 The Ministry of Labour, Family, Social Protection and Elderly has the following tasks: a) initiates and promotes, together with other competent authorities, normative acts on safety and labor protection in the field of waste management; b) control, through the subordinate institutions in subordination, and regulate the waste management activities, in accordance with the powers and powers established by law. + Article 57 (1) The management of the waste that is generated by the operations that take place in the administrative sector of the Ministry of National Defence shall be subject to the provisions of this law, in so far as its application does not jeopardize the and national security. (2) For cases other than those provided in par. (1), the Ministry of National Defence shall develop specific regulations for the management of waste, endorsed by the central public authority for environmental protection. (3) By joint order of the Minister of National Defence and the Minister of Environment and Climate Change, the control of compliance by the units under the Ministry of National Defence of the provisions of this Law and other regulations on waste is carried out by the National Environmental Guard and personnel with specific duties within the Ministry of National Defence. + Article 58 The Ministry of Regional Development and Public Administration has the following tasks: a) participate in the elaboration of waste management plans in the field of public household services and ensure the conditions for carrying out them; b) support local public administrations in the performance of their duties and responsibilities for the application and compliance with the provisions of this law and other legal provisions regarding waste. + Article 59 (1) The local public administration authorities, including the city of Bucharest, have the following obligations: A. at the level of communes, cities and municipalities, including at the level of Bucharest: a) ensure the local implementation of the obligations regarding the management of waste assumed by the Treaty of Accession of Romania to the European Union b) pursue and ensure the fulfilment of the provisions of PRGD and PJGD; c) develop own strategies and programs for waste management; d) decide to associate or cooperate with other local public administration authorities, with Romanian or foreign legal entities, with non-governmental organizations and with other social partners to carry out works of public interest regarding waste management, under the conditions laid down by law; e) ensure and respond for separate collection, transport, neutralization, recovery and final disposal of waste, including hazardous household waste, according to the legal provisions in force; f) provide the necessary spaces for separate collection of waste, equipping them with containers specific to each type of waste, as well as their functionality; g) ensure adequate means of informing the inhabitants of the waste management system within the localities; h) acts to restore and protect the environment; i) ensure and respond to the monitoring of activities related to the management of waste from medical activity; B. at county level and at the level of Bucharest municipality: a) develop, adopt and review the PJGD/PMGD and participate in the development of the PRGD; b) coordinate the activity of local councils, in order to carry out public services of county interest on waste management c) give local councils support and technical assistance in the implementation of PJGD and PRGD; d) decide to associate or cooperate with other local public administration authorities, with Romanian or foreign legal entities, with non-governmental organizations and with other social partners to carry out works of public interest regarding waste management, under the conditions laid down by law; e) analyze the proposals made by local councils, in order to develop forecasts for environmental restoration and protection; f) follow and ensure compliance by local councils with the provisions of this law; g) ensure the monitoring of activities related to waste management resulting from medical activity. (2) The authorities of the local public administration of the administrative-territorial units and of the city of Bucharest approve, by decisions of the local/county/general council, the necessary measures for the prohibition of abandonment, throwing or management uncontrolled waste. (3) For the waste generated in households, the local public administration authorities of the administrative-territorial units and the city of Bucharest and, as the case may be, the Inter-Community Development Association concludes contracts, partnerships or other forms of cooperation with legal entities that take over the obligations of producers for the waste streams covered by normative acts transposing individual directives in order to achieve the objectives set by them. + § § 34. Control + Article 60 (1) Economic operators carrying out waste treatment operations, as well as those who, on a professional basis, ensure the collection or transport of waste, traders, brokers and producers of hazardous waste are subject to controls appropriate periodicals by the competent authorities. (2) The controls on the collection, recycling, valorisation, treatment, disposal and transport of waste shall be carried out by representatives of the National Environmental Guard and shall in particular take into account the origin, nature, quantity and destination. to them. (. The competent authorities may take into account the records made under the Community Environmental Management and Audit Scheme (EMAS), in particular as regards the frequency and intensity of the checks. (4) In the units of the defense system, public order and national security the control for the application of the provisions of this law shall be carried out by the specialized internal structures within them. + § § 35. Sanctions + Article 61 (1) The following acts constitute contravention and shall be sanctioned as follows: a) with a fine of 1,000 lei to 2,000 lei, for individuals, and from 20,000 lei to 40,000 lei, for legal entities, violation of the provisions of art. 8 8 para. ((1), (2) and (4), art. 13, 14, art. 15 15 para. ((1) lit. a) and b), art. 17 17 para. ((2), art. 19 19 para. ((2) lit. a), c) and d), para. ((3) and (4), art. 22 22 para. ((1) and (2), art. 26 26 para. ((1), art. 27 27 para. ((1), art. 28 28 para. ((1), art. 32 32 para. ((1); b) with a fine of 15,000 lei to 30,000 lei, non-compliance with art. 22 22 para. ((3), art. 40 40 para. ((3) and art. 49 49 para. ((1), (2), (4) and (5); c) with a fine of 5,000 lei to 15,000 lei, failure to fulfill the obligations and responsibilities of the local public administration authorities, according to the provisions of art. 17 17 para. ((1), art. 31 31 para. ((1) and (3) and art. 59. (2) The finding of contraventions and the application of fines provided in par. (1) shall be carried out, as the case may be, by commissioners and persons empowered from the National Environmental Guard, as well as from the local public administration authorities, according to the duties established by law. (3) The finding of contraventions and the application of fines provided in par. (1) in the objectives, premises and areas belonging to the component structures of the defense system, public order and national security shall be carried out by the specialized personnel of the National Environmental Guard together with the structures specialized within the Ministry of National Defence, the Ministry of Internal Affairs, the Romanian Intelligence Service, the Foreign Intelligence Service, the Protection and Guard Service and the Special Telecommunications Service. ((4) The offender may pay on the spot or within no more than 48 hours from the date of conclusion of the minutes or, as the case may be, from the date of its communication half of the minimum fine provided in par. (1), the finding agent making mention of this possibility in the minutes of finding and sanctioning the contravention. (5) Against the minutes of finding the contravention and the application of the sanction can be complained to the competent court, within 15 days from the date of communication of the minutes of contravention. + Article 62 Provisions relating to contraventions provided for in art. 61 is completed with the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 63 (1) It constitutes crimes and is punishable by imprisonment from 6 months to 5 years or with a fine the following facts: a) import of appliances, installations, equipment, machinery, substances and products used and used, from the category of waste prohibited to import; b) failure to take or non-compliance with mandatory measures in carrying out the activities of collection, treatment, transport, recovery and disposal of hazardous waste; c) the marketing, abandonment and/or non-insurance of the waste load during and during the transit of the territory of Romania; d) refusal to return to the country of origin of the waste introduced into the country for purposes other than that of disposal and for which the measure of return by the competent authority has been ordered; e) the introduction into the country of waste for the purpose of disposal and/or their non-use for the purpose for which they were introduced f) the acceptance by the warehouse operators/incinerators, for the purpose of disposal, of the illegally introduced waste into the country and/or of the waste introduced into the country for purposes other than that of the disposal and which could not be used for the purpose for which have been introduced. (2) The attempt is punishable. + § § 36. Final provisions + Article 64 Free zone administrations are obliged to apply the provisions of this law in the areas they manage. + Article 65 At the proposal of the central public authority for environmental protection, the Government will approve by decision the method of managing the categories of waste provided for in this law. + Article 66 Public access to the foundation of decisions on the implementation of investment projects, as well as national, county and sectoral plans on waste management is done under the law. + Article 67 ((1) Annexes no. 1-5 are an integral part of this law. (2) The Annexes shall be updated by Government Decision. + Article 68 (1) On the date of entry into force of this Law any reference to art. 53 of Government Emergency Ordinance no. 78/2000 on the waste regime, approved with amendments and additions by Law no. 426/2001 , with subsequent amendments and completions, it is considered to be made in art. 63 63 of this law. (2) On the date of entry into force of this Law, the Government Emergency Ordinance no. 78/2000 on the waste regime, published in the Official Gazette of Romania, Part I, no. 283 283 of 22 June 2000, approved with amendments and additions by Law no. 426/2001 , as amended and supplemented, as well as Government Emergency Ordinance no. 16/2001 on the management of recyclable industrial waste, republished in the Official Gazette of Romania, Part I, no. 104 104 of 7 February 2002, as amended. (3) The provisions on contraventions shall enter into force 30 days after the date of publication of this Law in the Official Gazette of Romania, Part I. * This law transposes into national law Directive 2008 /98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, published in the Official Journal of the European Union (JOUE) L series no. 312 312 of 22 November 2008. + Annex 1 The meaning of some terms within the meaning 1. waste audit-a systematic, documented, periodic and objective evaluation of the performance of the management system and waste management processes in order to facilitate the control of waste management and waste recovery generated, as well as to assess compliance with environmental policy, including the achievement of objectives, the performance of the enterprise related to the prevention and reduction of waste from its own activity and the performance of the reducing the harmfulness of waste; 2. competent authorities-public authorities for environmental protection, respectively the central public authority for environmental protection, the National Environmental Protection Agency, the environmental protection agencies, the Reserve Administration Biosphere "Danube Delta", as well as other authorities that according to legal competences ensure the regulation and control of activities in the field of waste management; 3. biowaste-biodegradable waste from gardens and parks, food waste or those from private household kitchens, restaurants, catering companies or retail stores, compatible with waste from food processing establishments; 4. broker-any economic enterprise/operator dealing with the recovery or disposal of waste on behalf of other persons, including brokers who do not physically take possession of the waste; 5. best available techniques-best available techniques according to the provisions art. 2 2 para. ((1) lit. c) of Government Emergency Ordinance no. 152/2005 * *) on integrated pollution prevention and control, approved with amendments and additions by Law no. 84/2006 , with subsequent amendments and completions; ---------- Note * *) Government Emergency Ordinance no. 152/2005 on integrated pollution prevention and control, published in the Official Gazette of Romania, Part I, no. 1.078 of 30 November 2005, was repealed by art. 77 77 para. ((1) lit. a) of Law no. 278/2013 on industrial emissions, published in the Official Gazette of Romania, Part I, no. 671 671 of 1 November 2013. 6. collection-collection of waste, including sorting and preliminary storage of waste for transport to a treatment plant; 7. separate collection-collection within which a waste stream is kept separately according to the type and nature of the waste, in order to facilitate their specific treatment; 8. trader-any economic undertaking/operator acting in its own name for the purchase and subsequent sale of waste, including those traders who do not physically take possession of the waste; 9. waste-any substance or object that the holder discards or has the intention or obligation to discard; 10. waste holder-waste producer or natural or legal person in possession of waste; 11. hazardous waste-any waste that presents one or more of the hazardous properties set out in Annex no. 4 to the law; 12. disposal-any operation that is not a recovery operation, even if one of the secondary consequences of it would be the recovery of substances or energy. Annex no. 2 to the law establishes a list of disposal operations, the list that is not exhaustive; 13. Life cycle assessment-in relation to a product, an environmental impact assessment determined by the production, distribution, marketing and use of the product, including its use and disposal, including the use of energy and raw materials and the production of waste from any of the said activities; 14. waste management-collection, transport, recovery and disposal of waste, including supervision of these operations and subsequent maintenance of disposal sites, including actions taken by a trader or a broker; 15. preparation for reuse-verification, cleaning or recovery operations, through which products or components of products that have become waste are prepared to be reused without any other operation of pretreatment; 16. prevention-measures taken before a substance, material or product becomes waste, which reduces: a) the quantity of waste, including the reuse of the products or the extension of their life; b) the negative impact of waste generated on the environment and population health; or c) the content of harmful substances of materials and products; 17. waste producer-any person whose activities generate waste, waste producer or any person carrying out pretreatment, mixing or other type of operations, leading to the modification of the nature or composition of these wastes; 18. recycling-any recovery operation through which waste is transformed into products, materials or substances to fulfill its original function or for other purposes. This includes the retreatment of organic materials, but does not include energy recovery and conversion for the use of materials as fuel or for filling operations; 19. regeneration of waste oils-any recycling process by which basic oils can be produced by refining used oils, in particular by removing contaminants, oxidation products and additives contained therein; 20. reuse-any operation by which the products or components that have not become waste are used again for the same purpose for which they were designed; 21. treatment-recovery or disposal operations, including pre-recovery or disposal preparation; 22. traceability-characteristic of a system to allow the retrieval of history, use or localization of a waste through registered identifications; 23. Used oils-all mineral oils or synthetic lubricants or industrial oils that have become unfit for use for which they were originally intended, such as oils used from combustion engines and from the systems of transmission, lubricating oils, turbine oils and those for hydraulic systems; 24. valorisation-any operation which has as a main result that waste serves a useful purpose by replacing other materials which would have been used for a particular purpose or the fact that the waste is prepared to be able to serve the respective purpose in enterprises or in the economy in general. Annex no. 3 to the law establishes a list of recovery operations, the list that is not exhaustive. + Annex 2 Disposal operations D 1-storage in or on the ground, e.g. landfills and the like; D 2-soil treatment, for example, the biodegradation of liquid waste or sludge in the soil and the like; D 3-injection in depth, for example, injecting waste that can be pumped into wells, saline or natural geological deposits and the like; D 4-surface accumulation, for example, the deposition of liquid waste or sludge in basins, ponds or lagoons and the like; D 5-specially constructed warehouses, for example, deposition in separate sealed compartments, which are covered and isolated from each other and to the environment and the like; D 6-evacuation in a water table, except for the seas/oceans; D 7-evacuation in sea/oceans, including disposal in the marine sub-soil; D 8-biological treatment not provided elsewhere in this Annex, which generates final compounds or mixes removed by means of one of the operations numbered from D 1 to D 12; D 9-physical-chemical treatment not provided elsewhere in this Annex, which generates final compounds or mixes removed by means of one of the operations numbered from D 1 to D 12, e.g. evaporation, drying, calcination and others D 10-incineration on the ground; D 11-incineration at sea. This operation is prohibited by European Union law and international conventions; D 12-permanent storage, for example, placing containers in a mine and the like; D 13-mixing prior to any operation numbered from D 1 to D 12. If there is no other appropriate D code, this includes pre-disposal pre-processing operations including preprocessing such as, among others, sorting, crushing, compaction, granulation, drying, dry shredding, etc. conditioning or separation prior to submission to any of the numbered operations from D 1 to D 12; D 14-repackaging prior to any operation numbered from D 1 to D 13; D 15-storage before any operation numbered from D 1 to D 14, excluding temporary storage, prior to collection, in the waste generation area. Temporary storage means preliminary storage according to section 6 6 of Annex no. 1 1 to the law. + Annex 3 Recovery operations R 1-use primarily as fuel or other energy source *); ---------- Note * *. This includes incineration plants intended primarily for the treatment of solid municipal waste, only if their energy efficiency is equal to or greater than: -0,60 for installations operating and authorised in accordance with Community legislation applicable before 1 January 2009; -0,65 for installations authorised after 31 December 2008, using the following formula: Ep-(Ef + They) Energy efficiency = ----------------, where: 0,97 0,97 x (Ew + Ef) -Ep represents annual energy production in the form of heat or electricity. This is calculated by multiplying the energy produced in the form of electricity by 2.6 and the energy produced in the form of heat for commercial use (GJ/year) with 1,1; -Ef is the annual energy consumption of the system, derived from fuels, which contribute to steam production (GJ/year); -Ew represents the annual energy contained in the treated waste, calculated on the basis of the lower net value of the waste (GJ/year); -They represent the imported annual energy, excluding Ew and Ef (GJ/year); -0,97 is a coefficient representing the loss of energy due to residues from incineration and radiation. This formula shall apply in accordance with the reference document on the best existing techniques for the incineration of waste. R 2-solvent regeneration/regeneration; R 3-recycling/valorisation of organic substances not used as solvents (including composting and other biological transformation processes). This also includes gasification and pyrolysis that use the components as chemicals; R 4-recycling/harnessing metals and metal compounds; R 5-recycling/harnessing other inorganic materials. This also includes soil cleaning technologies that result in soil recovery and recycling of inorganic building materials; R 6-regeneration of acids or bases; R 7-harnessing the components used to reduce pollution; R 8-valorisation of catalyst components; R 9-Oil or other oil reuses; R 10-land treatment resulting in benefits for agriculture or for green improvement; R 11-the use of waste obtained from any of the operations numbered from R 1 to R 10; R 12-waste exchange for exposure to any of the operations numbered from R 1 to R 11. If there is no other appropriate R code, this includes preliminary operations prior to recovery, including preprocessing, such as, among others, dismantling, sorting, shattering, compaction, granulation, dry shredding, etc. conditioning, repackaging, separation and mixing prior to submission to any of the operations numbered from R 1 to R 11; R 13-waste storage before any operation numbered from R 1 to R 12 (excluding temporary storage prior to collection, at the site where the waste was generated). Temporary storage means preliminary storage, according to the provisions of 6 6 of Annex no. 1 1 to the law. + Annex 4 Properties of waste that make that they are dangerous H 1-"Explosive": substances and preparations which may explode under the effect of a sparkle or which are more susceptible to shocks or friction than dinitrobenzene; H 2-"Oxidants": substances and preparations that produce strong exothermic reactions in contact with other substances, especially with flammable substances; H 3-A-"Very flammable": a) liquid substances and preparations having a flash point below 21 ° C (including highly flammable liquids); or b) substances and preparations which may heat up to ignition in contact with air at ambient temperature without energy input; or c) solid state substances and preparations which can be easily ignited after short contact with a source of ignition and which continue to burn or be consumed after removal of the ignition source; or d) gaseous substances and preparations which are inflamed in the air at normal pressure; or e) substances and preparations which, in contact with water or wet air, produce highly flammable gases in dangerous quantities; H 3-B-"Inflammable": liquid substances and preparations having an ignition point equal to or greater than 21 ° C and less than or equal to 55 ° C; H 4-"Irritants": non-corrosive substances and preparations which, by immediate contact, prolonged or repeated with the skin or mucosa, may cause inflammation; H 5-"Harmful": substances and preparations which, if inhaled or ingested or penetrate through the skin, may constitute limited health risks; H 6-"Toxic": substances and preparations (including highly toxic substances and preparations) which, if inhaled or ingested or penetrate through the skin, may cause serious, acute or chronic harm to health and may even be fatal; H 7-"Cancerigene": substances and preparations which, if inhaled or ingested or penetrate through the skin, may induce cancer or increase its incidence; H 8-"Corozive": substances and preparations which may destroy live tissues upon contact with them; H 9-"Infectious": substances and preparations containing viable micro-organisms or their toxins which are known to produce diseases in humans or other living organisms; H 10-"Toxic for reproduction": substances and preparations which, if inhaled or ingested or penetrated through the skin, may induce non-hereditary birth defects or increase their incidence; H 11-"Mutagene": substances and preparations which, if inhaled or ingested or penetrated through the skin, may produce hereditary genetic defects or increase their incidence; H 12-waste emitting toxic or highly toxic gases in contact with water, air or acid; H 13-"sensitisers": substances and preparations which, if inhaled or penetrate through the skin, may cause a hypersensitivity reaction, so that subsequent exposure to that substance or preparation may cause adverse effects. characteristic; H 14-"Ecotoxic": waste that presents or may present immediate or delayed risks to one or more sectors of the environment; H 15-waste capable by any means, after disposal, to produce another substance, for example, leachate, which possesses any of the characteristics shown above. 1. The attribution of "toxic" (and "highly toxic"), "harmful", "corrosive", "irritating", "carcinogenic", "toxic to reproduction", "mutagenic" and "ecotoxic" hazard characteristics shall be based on the criteria set out in Annex no. 1 1 to Government Decision no. 1.408/2008 concerning the classification, packaging and labelling of dangerous substances. 2. Where applicable, the limit values listed in the Annexes to the Government Decision no. 937/2010 on the classification, packaging and labelling of the placing on the market of dangerous preparations. The methods to be used are described in the Annex to Government Decision no. 1.408/2008 . + Annex 5 Measures to prevent waste generation provided in art. 42 42 of law A. Measures which may affect the basic conditions relating to the generation of waste 1. The use of planning measures or other economic instruments that promote the efficient use of resources 2. Promote research and development in order to achieve cleaner and more economical products and technologies and to distribute and use research and development results 3. Development of effective and significant indicators of environmental pressures associated with waste generation, with the aim of contributing to the prevention of waste generation at all levels, from the comparison of products at Community level, through actions of local authorities, up to the national level B. Measures that may affect the design, production and distribution phase 1. Promotion of ecodesign (systematic integration of environmental aspects into product design in order to improve their environmental performance throughout their life cycle) 2. Provide information on waste generation prevention techniques to facilitate the implementation of the best available techniques according to industry. 3 3. Organization of training courses for the competent authorities to include requirements for the prevention of waste generation in permits issued under this Law and the Government Emergency Ordinance no. 152/2005 on integrated pollution prevention and control, approved with amendments and additions by Law no. 84/2006 ,, with subsequent amendments and completions 4. Inclusion of measures to prevent the generation of waste at plants not covered Government Emergency Ordinance no. 152/2005 , approved with amendments and additions by Law no. 84/2006 ,, with subsequent amendments and completions Where appropriate, such measures may include assessments or plans to prevent waste generation. 5. Organization of awareness campaigns or the granting of financial aid in decision-making or other types of support for enterprises. These measures can be particularly effective insofar as they are designed and adapted for small and medium-sized enterprises and are applied in well-established business networks. 6. Use of voluntary agreements, consumer groups/producers or sectoral negotiations to encourage businesses or operators in the industry concerned to set their own plans or targets for preventing waste generation or correcting products or packaging that generate too much waste 7. Promotion of certified environmental management systems, including EMAS and ISO 14001 C. Measures that may affect the consumption and use phase 1. Economic instruments, such as incentives for clean purchases or the establishment of a mandatory payment by consumers for a particular article or packaging that would normally be provided free of charge 2. Organization of awareness and information campaigns directed to the general public or to a specific category of consumers 3. Promote recognized and reliable eco-labels 4. Agreements with industry, such as, for example, the use of product groups, like those that are included within the integrated product policies, or agreements with retailers regarding the provision of information relating to preventing waste generation and low impact products on the environment 5. In the context of public and private procurement contracts, the inclusion of environmental protection and waste prevention criteria in supply and contract applications, according to the Handbook on Public Procurement Contracts environment, published by the Commission on 29 October 2004 6. Encourage the reuse and/or repair of defective products or their components, in particular by resorting to educational, economic, logistical measures or other measures, such as supporting or establishing accredited centres and networks repair and reuse, especially in regions with a high population density --------