LAW OF THE REPUBLIC OF MOLDOVA

of April 25, 2024 No. 97

About introduction of amendments to the Law on waste No. 209/2016

The Parliament adopts this organic law.

This law shifts the Directive (EU) 2015/1127 Commissions of July 10, 2015 about modification of appendix II to the Directive 2008/98/EC of the European parliament and Council about waste and cancellation of number of directives published in the Official magazine of the European Union by L 184 of July 11, 2015 and partially shifts the Directive (EU) of 2018/851 European parliament and Council of May 30, 2018 about modification of the Directive 2008/98/EC on waste (Item 1, Item 3 (2b), (b), (d) – (g), Item 4, Item 10 (1), Item 5 (a), Item 6 the subitem b), paragraph 2 and the subitem c), Item 7 (b), Item 8 (a) – (c), Item 9 (3) – (4), Item 11 (1) – (5), Item 12 (c), Item 14 (1), Item 15 and Item 25 (a) of Article 1), published in the Official magazine of the European Union by L 150 of June 14, 2018.

Art. I. – In the Law on waste No. 209/2016 (Official monitor of the Republic of Moldova, 2016, Art. No. 459-471, 916), with subsequent changes, to make the following changes:

1. In Article 1:

part (to add 1) with words ", maintaining social stability and the economic acceptability for ensuring transition to economy of the closed cycle.";

add Article with part (1-1) following contents:

"(1-1) This law includes the rules relating to area of waste management and establishes:

a) rules on prevention of formation of waste and management of them;

b) the rights and obligations of persons participating in waste management;

c) powers of bodies of public management in the field of waste management.".

2. In Article 2:

add Article with Item 1-1) of the following content:

"1-1) administrations of service of management of municipal waste – the activities of bodies of local public authority performed for the purpose of establishment of rules of rendering service in management of municipal waste, adoption of rules of management of municipal waste, and also monitoring of observance of these rules of management of municipal waste;";

2) to add Item with the offer of the following content: "Waste rural and forestry, manure, rainfall of sewage or other biodegradable waste, such as natural textiles, paper or the processed wood and offal of the food industry which never become waste does not concern to them;";

5) to add Item with words "provided that the storage duration of waste in installation on collection of waste does not exceed nine months;";

7) to state Item in the following edition:

"7) the businessman of waste – any physical person or legal entity performing activities on its own behalf for the purpose of acquisition and the subsequent sale of waste including the businessmen who are not the actual owners of waste, acting on the basis of the nature protection permission to waste management issued by the Agency of the environment for realization of waste according to part (9) Article 25;";

add Article with Items 8-1), 8-2) and 9-1) of the following content:

"8-1) operating polygon of waste – the garbage dump located on the parcel of land provided for this purpose according to the decision establishing procedure for use of the parcel of land for land warehousing of waste, operating since January 1, 2024;

8-2) underground storage warehouse – the permanent place of warehousing of waste located in geological cavity (the calcareous mine, the rocky mine etc.);";

"9-1) biodegradable waste – the waste which is exposed to aerobic or anaerobic fermentation such as food and garden wastes, and also paper and cardboard;";

10) to state Item in the following edition:

"Municipal waste includes 10):

a) the mixed waste and waste which are formed in households collected separately, and also waste, similar on nature or structure to the municipal waste which is formed as a result of business, industrial and administrative activity, specified in category 20 of the List of waste approved by the Order of the Government No. 99/2018, including paper and cardboard, glass, metals, plastic, biodegradable waste, wood, textiles, packaging, the electric and electronic equipment, batteries and accumulators, and also large-size waste including mattresses and furniture;

b) the mixed waste and waste collected separately from other sources if this waste on nature and structure is similar to household waste.

Municipal waste does not include production wastes, medical activities, waste of agricultural industry, forestry, fishery, septic tank tanks, sewage and waste of sewage treatment, including rainfall of sewage taken out of service vehicles, and also waste of construction and demolition;";

add Article with Item 10-1) of the following content:

"10-1) harmless waste – the waste which is not falling under action of Item 11);";

11) to add Item with words ", and belonging to the category of dangerous wastes from the List of waste approved by the Order of the Government No. 99/2018;";

add Article with Items 11-1), 15-1)-15-7) and 16-1 of the following content:

"11-1) waste of construction and demolition – the waste which is formed as a result of works on construction and demolition;";

"15-1) installation intended for implementation of transactions on waste management – technical complex, the parcel of land, the building or part of the building on the site where the following types of activity are performed:

a) collection, storage, conversion or waste disposal based on the permission issued according to part (3) Article 25;

b) processing on small installations of the waste specified in the table 3 appendices 31, based on the permission issued according to part (5) Article 25;

c) conversion of waste based on departure according to Article 27;

15-2) small installation – the installation on processing of biodegradable waste processing similar waste for one polygon of waste in the quantities which are not exceeding 20 tons (capacity of installation) provided that the total annual amount of the processed biodegradable waste does not exceed 100 tons;

15-3) mobile installation – the installation intended for waste management capable to move and work independently, not losing working capacity when moving;

15-4) mediation in waste management – the organization of conversion or waste disposal on behalf of the third parties, including cases when the legal entity or physical person performing intermediary activities for waste management (brokers) physically does not own this waste;

15-5) secondary raw materials – the materials having, in particular, characteristics of offal or the processed waste which stopped being waste after they began to correspond to the conditions and criteria specified in Articles 5 and 6, or the materials recuperated from the products which are subject to recuperation based on part (2) Articles 12, and also materials from other products which can be used for the subsequent conversion, including unused initial materials, materials transferred for reutilization; secondary raw materials are used in production and can replace primary raw materials;

15-6) operator of municipal management system waste – the legal entity created on the basis of one, several or all bodies of local public authority which are part of the region of management of municipal waste who on behalf of settlements performs functions on the organization of municipal management system waste and/or provides services in waste management;

15-7) plastic – the material consisting of polymer to which additives or other substances could be added and which can perform function of the main structural component of end products, except for the natural polymers which were not exposed to chemical change;";

"16-1) preliminary processing of waste – any activities leading to change of chemical, biological or physical properties of waste including their sorting, for the purpose of reduction of their amount and dangerous properties or for possibility or simplification of their transportation, conversion or removal; after preliminary processing waste remains waste;";

18) to state Item in the following edition:

"18) the producer of waste – any physical person or legal entity as a result of which activities waste (primary producer of waste), or any legal entity performing transactions on preliminary processing, mixing or other transactions leading to change of the characteristic or structure of this waste or the settlement since the moment when its inhabitants delete waste according to Article 231 in the place determined for this purpose are formed;";

add Article with Items 18-1), 18-2), 21-1), 22-1)-22-4), 26) and 27) of the following content:

"18-1) one-time plastic product – product which is fully or partially made of plastic and which is not developed, is not designed or is not placed in the market for realization during the lifecycle of several cycles or turnovers by return to the producer for repeated filling or reuse for the same purpose for which it was developed;

18-2) filling – method of conversion of waste in case of which harmless waste is used for the purpose of recovery in zones where earthwork, or for the purpose of landscape arrangement was carried out. The waste used for filling replaces the materials which are not waste; they shall be suitable for the above-stated purposes and be limited to the quantity strictly necessary for achievement of these purposes;";

"21-1) regions of management of municipal waste – the zone covering the territory of several settlements in which bodies of local public authority interact for the purpose of ensuring effective functioning of complex management system with waste at the regional level and rendering high-quality and available services in management of municipal waste to all owners of municipal waste in the region;";

"221) service in management of municipal waste – the public service including collection, transportation, conversion and removal of municipal waste, the organization and monitoring of these activities and the subsequent content of polygons of waste;

22-2) system of collection of waste supplementing complex management system with municipal waste, (further – additional system of collection of waste) – the system intended for waste management, formed as a result of use of the products falling under rules of expanded liability of the producer (in particular the electric and electronic equipment, batteries and accumulators, packaging), for ensuring achievement of target indicators of collection of waste according to the special rules established by the Government;

22-3) complex management system municipal waste – set of the organizational, technical and legal measures connected with accomplishment of functions on management of municipal waste;

22-4) storage of waste – placement of waste on the installation designed for this purpose for the term of no more than one year before their removal or for the term of no more than three years before their conversion;";

"26) receipt of energy from waste – use of waste, like fuel, for recuperation of their energy content or otherwise for energy production;

27) material recuperation of waste – any method of conversion of waste, including their preparation for reutilization, recirculation and filling, except for energy recuperation and conversion in raw materials for use in fuel quality or other means for energy production.".

3. In Article 3:

in the name and in the prolog of part (the words "Hierarchy of Waste" shall be replaced with words 1) "Hierarchy of waste management";

add Article with part (1-1) following contents:

"(1-1) Waste management is based on hierarchy of waste management according to which priority is prevention of formation of waste and if formation of waste cannot be prevented, the priority sequence according to part is observed (1).";

in part (2) words "hierarchies of waste," shall be replaced with words "hierarchies of waste management,", and the words "which activities consist in ensuring prevention of formation of waste both effective and efficient waste management for the purpose of restriction of their negative effects for the environment." – the words "providing prevention of formation of waste both effective and efficient waste management, including control of these activities so that to reduce negative impact of waste on the environment.";

in part (3) words of "hierarchy of waste" shall be replaced with words "hierarchies of waste management";

in part (the words "The Ministry of the Environment Considers" shall be replaced with words 5) "In case of use of hierarchy of waste management are considered";

change in part (6) concerns only the text in Romanian.

4. Add the law with Article 3-1 of the following content:

"Article 3-1. Prevention of formation of waste

(1) Physical persons and legal entities within implementation of the activities provide prevention of formation of waste, and also reduction of their amount and dangerous properties.

(The Physical persons and legal entities performing economic activity, making products shall provide 2) that development and production of products limited formation of waste, in particular dangerous wastes, as a result of the processes connected with industrial production, mining, construction and demolition, taking into account the best available methods according to Item 4) of Article 2, and if formation of waste cannot be prevented, these persons shall provide the greatest possible level of conversion of waste according to hierarchy of waste management.

(Physical persons and legal entities make 3) and place in the market the products and components of products containing retsirkulirovanny (if it is technologically feasible) or otherwise the recuperated materials, after the term of their lifecycle and when they become waste so that to reduce the number of waste, in particular waste which cannot be reused or retsirkulirovana, and also risks for the environment and health of the population.

(Producers of foodstuff prevent 4) and reduce formation of food wastes during primary production, conversion and production of products, reduce losses of food at these stages of food chain, thereby promoting reducing food wastes per capita around the world for 50 percent by 2030.

(5) the Physical persons and legal entities performing activities within wholesale trade, retail trade, other types of distribution and also in the field of public catering, shall provide reducing losses of foodstuff at these stages of food chain. Priority is measures for prevention of losses and irrational use of foodstuff according to the Law on prevention of losses and irrational use of foodstuff No. 299/2022.

(6) Physical persons or legal entities in priority procedure can punch the biodegradable material received as a result of their activities to prevent formation of waste if the made compost is used in their activities and process of composting does not endanger the environment or health of the population.

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