ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 31, 2020 No. 561

About approval of the Regulations on packaging and waste of packaging

Based on part (15) Articles 12, parts (3) and (9) Article 54 and Items and) and c) parts (1) article 68 of the Law No. 209/2016 on waste (The official monitor of the Republic of Moldova, 2016, Art. No. 459-471, 916), with subsequent changes, DECIDES: the Government

1. Approve Regulations on packaging and waste of packaging it (is applied).

2. The obligatory reporting on step-by-step achievement of annual national target figures by producers under conversion, including reutilization, packaging waste, depending on type of packaging material, is submitted since January 1, 2024 according to appendix No. 2 to the Provision specified in Item 1.

3. To assign monitoring and accomplishment of this resolution to the Agency of the environment.

4. To impose control over the implementation of this resolution on the Ministry of the environment through Inspectorate for environmental protection.

5. This resolution becomes effective after 12 months from the date of publication.

Approved by the Order of the Government of the Republic of Moldova of July 31, 2020 No. 561

Regulations on packaging and waste of packaging

This Provision shifts partially the Directive 94/62/EU of the European Parliament and Council of December 20, 1994 about packaging and waste of packaging (The official magazine of the European Union L 365 of December 31, 1994), with the amendments made by the Directive 2018/852/EU of Parliament and Council of May 30, 2018 and shifts the Decision of the Commission 97/129/EU of January 28, 1997 about establishment of system of identification of the materials used for packaging according to the Directive 94/62/EU of the European Parliament and Council on packaging and waste of the packaging (the text, relevant for EEP) published in the Official magazine of the European Union by L 50 of February 20, 1997.

I. General provisions

1. The regulations on packaging and waste of packaging (further - the Provision) regulate the address with packaging and waste from packaging for management of them for the purpose of prevention or decrease in impact on the environment, providing the high level of environment protection, functioning of the market and exception of obstacles in way of trade, prevention of misstatement or restriction of the competition.

2. This Provision establishes the priority measures directed to the prevention of emergence of waste of packaging, and also the principles of reducing final waste disposal of packaging by means of their reuse, conversion and development.

3. Requirements of this provision extend to all types of packaging used in the market irrespective of of what material they were made, method of use or from where occur: from the industry, offices, shops, services, households of the population or any other types of activity, and also on all waste of packaging, irrespective of their origin.

4. Requirements of this provision are applied so that other national legislative provisions of rather existing quality requirements for packaging in that, as for safety, health protection and hygiene of the packed products, requirements to transportation and provisions in the field of management of dangerous wastes were not affected.

5. In the context of this provision, in addition to concepts of the Law No. 209/2016 on waste, the concepts provided below which have the following values are applied:

1) packaging - all products determined in Item and) parts (2) article 54 of the Law No. 209/2016 on waste.

The criteria which are the cornerstone of determination of object as packaging and the examples illustrating use of these criteria are listed in appendix No. 1;

2) primary package - the commodity packaging created for forming of the commodity unit intended for the end user consisting of the goods and packaging offered in the place of sale;

3) secondary package - group packaging, the additional packaging intended for concentration of certain quantity of commodity units in outlet irrespective of is on sale these goods to the end user or the consumer or intends only for replenishment of shelves in outlet; extraction of products from such packaging is possible without change of its characteristics;

4) tertiary packaging - packaging for transportation

the packaging intended for simplification of handling works and transportation of certain quantity of commodity units or group packagings, including packagings for electronic trading for the purpose of the prevention of damage during the handling works or transportation. Packaging for transportation does not include road, rail, maritime containers or air mode containers.

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