Law 17 approving the EMERGENCY ORDINANCE no.92/2021 on the waste regime was published in the Official Gazette (Part I) no.21 of 9 January 2023, with entry into force on 12 January 2023.
The document provides for the sanctioning of new facts and much higher fines for companies and individuals. At the same time, the replacement of some terms has led to the extension of some obligations regarding waste management.
We recall that a new waste regime entered into force in August 2021 – the EMERGENCY ORDINANCE 92/2021 replaced Law 211/2011 and considerably modified the legal regime applicable in this field. Like any other ordinance, EMERGENCY ORDINANCE 92 had to go through Parliament, where, through the approval law (Law no. 17/2023), it received some further amendments. The new measures entered into force on 12 January.
The most important change in the legislation is the one concerning the increase of penalties for poor waste management, both for legal and natural persons.
We mention that the waste transport rules have also undergone changes, carriers being obliged to mark vehicles with the letter D and to follow well-established routes when introducing waste on Romanian territory.
Another important aspect is that the appointment of a waste management officer is no longer mandatory only for those who hold an environmental permit, but for any holder of a waste management and/or waste generating economic activity.
As regards the imposition of fines, increased limits are foreseen for each category of sanctions. For example, legal entities now risk fines between 40.000 – 60.000 lei, compared to the previous limits of 20.000 – 40.000 lei, but there are also much higher fines for individuals (the current limit has been raised to 45.000 lei for certain offences).
According to the current provisions, those responsible risk, in case of abandonment/dumping/disposal of waste in unauthorized places or in case of burning or burying it, to have the goods and means used to commit the offence confiscated.
It is now punishable by imprisonment to collect, transport or recover waste, including the control of these operations and the subsequent maintenance of disposal spaces, including actions undertaken by traders or brokers in the process of waste management, in violation of the legal provisions in this field.
Moreover, criminal proceedings will also be opened for burying waste, for setting fire to any type of waste and/or substance or object and for abandoning, dumping and/or concealing waste.