New declaration and payment obligations to AFM (GEO 39/2016)

de | July. 15, 2016 | News

On June 28, 2016, GEO 196/2005 on the Environmental Fund underwent important and interesting changes, both for you as a producer and for us as a collective organization.

We present below a summary of them:

  1. The producers of EEE and BA will be obliged to pay AFM a contribution of 4 lei / kg, in the following cases:
  • from 1 January 2017 to 31 December 2017, for the difference between the quantities of EEE / BA declared as being placed on the national market and the quantities found by AFM as being placed on the national market; (except category 5 for EEE, for which a contribution of 20 lei / kg will be due)
  • from 1 January 2018, for the difference between the quantities of EEE / BA waste corresponding to the annual collection obligations, provided in GEO 5/2015, respectively 1132/2008 and the quantities actually collected (except category 3 for EEE, for which due a contribution of 20 lei / kg)

*If after 01.01.2018, you will still have a contract for the transfer of responsibilities with a collective organization, this contribution will be due to the collective organization, for situations of non-fulfillment of the target.

  1. The producers of EEE and BA will have the following declaration obligations to AFM:
  • Monthly, until the 25th of the month following the month in which the activity took place, the quantities of EEE, respectively BA introduced on the national market and the quantities of WEEE, respectively DBA collected

*GEO 39/2016 does not explicitly provide in the transitional norms, the effective date from which this obligation enters into force. Therefore, the legal interpretation is that this obligation is immediately applicable.

  1. The control attributions of the AFM are extended, these being applicable also to the producers of EEE and BA, as well as to the organizations of transfer of responsibilities in the field of WEEE / DBA management.

You can consult the full text of the normative act amending GEO 196/2005, there.