On June 28th 2016, the Government Emergency Ordinance 196/2005 on the environmental fund was substantially modified; the modifications regarding both Producers and Collective Schemes.
A synthesis is available below:
- EEE and battery producers will have the obligation of paying to the AFM a contribution of 4 lei / kg, in the following cases:
- from January 1st 2017 until December 31st 2017, for the difference between the declared quantities of EEE / battery put on the Romanian market and the quantities found on the market by AFM; (exception: category 5 for EEE, for which the contribution will be 20 lei / kg)
- from January 1st 2018, for the difference between the annual WEEE / battery waste collection quantities stipulated by GEO 5/2015, respectively 1132/2008, and the actual collected quantities (exception: category 3 for EEE, for which the contribution will be 20 lei / kg)
*If after January 1st 2018, you will still be in a contractual responsibility transfer with a collective organization, the above mentioned contribution in situations of failed targets will be owed by the organization.
2. EEE and battery producers will have the following reporting obligations towards AFM:
- Monthly, no later than the 25thth of the month following that in which the activities were carried out, for the quantities of EEE and batteries put on the national market and quantities of WEEE and battery waste collected, respectively.
*GEO 39/2016 does not explicitly state the effective date when this obligation takes effect. Therefore, the legal interpretation is that this obligation takes immediate effect.
3. AFM's control duties are extended, to be applicable to both EEE and battery producers, as well as to responsibility transfer organizations in the field of WEEE / battery waste management.