ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of September 10, 2025 No. 577

About modification of some regulations of the Government (for the purpose of reduction in compliance with provisions of the Law No. 209/20-16 on waste)

The government DECIDES:

1. In the Regulations on waste of the electric and electronic equipment approved by the Order of the Government No. 212/2018 (Official monitor of the Republic of Moldova, 2018, Art. No. 95-104, 262), with subsequent changes, to make the following changes:

1.1. in all text:

1.1.1. changes are made only in the text in Romanian;

1.1.2. to replace the word "tasks" in any grammatical form with the word "purposes" in the corresponding grammatical form;

1.1.3. changes are made only in the text in Romanian;

1.1.4. the words "the central body of public management in the field of the environment" in any grammatical form shall be replaced with words "The agency of the environment" in the corresponding grammatical form;

1.2. state Item 1 in the following edition:

"1. This Provision regulates waste management of the electric and electronic equipment (further - OEEO), formed from the electric and electronic equipment (further - EEO) listed in appendix No. 1A for the purpose of prevention or reduction of impact by the environment and human health, promoting thus sustainable development of society and enforcement of provisions of Article 12, 12-1 and 12-2 Laws No. 209/2016 on waste. Application of this provision will promote improvement of efficiency of environment protection and health of the population by means of prevention or reducing negative effects of formation of waste and management of them, and also by increase in efficiency of their use when preserving social stability and the economic acceptability for ensuring transition to circular economy.";

1.3. to add Item 2 after the word of "protection" with words "the environment and";

1.4. state Items 3 and 4 in the following edition:

"3. All falls under action of requirements of this provision the EEO placed in the market, listed in appendix No. 1-A, except for specified in Item 5. Appendix No. 1-B is contained by the EEO not exhaustive list, belonging to the categories specified in appendix No. 1-A (open scope).

4. Requirements of this provision are applied without prejudice to the national legal system to requirements for environmental protection, health of the population, waste management and chemicals or designings of products.";

1.5. in Item 5:

1.5.1. in the subitem 1) "interests and safety of the state" shall be replaced with words words "essential interests of homeland security";

1.5.2. in the subitem 2) the word "Provisions" to exclude and add with the text "and can carry out the role only if it is included in the corresponding equipment";

1.5.3. changes are made only in the text in Romanian;

1.5.4. 11) and 12) to exclude subitems;

1.6. in Item 6 the offer "The equipment specified in subitems 11) and 12) of Item 5, falls under action of provisions of Items 102-122 to exclude;

1.7. add with Item 6-1 of the following content:

"6-1. The following fulfilled equipment is not considered waste and falls under action of provisions of Items 115-126:

1) the equipment which is not intended for one of the transactions mentioned in appendices 1 and 2 to the Law No. 209/2016 on waste (transaction on conversion or removal), and intended for reutilization is direct or expanded the initial owner of waste for the purpose of for which it was intended initially;

2) the equipment intended for the analysis of repair or recovery for elimination of defects for the purpose of reutilization or expanded use by the initial owner of waste for the purpose of for which intended initially.";

1.8.1. in the subitem 3)

1.8.1.1. in letter b) the word "resells" to replace with the word "will realize";

1.8.1.2. in letter c) to exclude the words "or exports", and "in/from the Republic of Moldova" shall be replaced with words the text "to the Republic of Moldova";

1.8.1.3. add with the text of the following content:

"The physical persons or legal entities importing EEO within the projects of technical assistance performed in the territory of the Republic of Moldova by the international organizations and the donor countries within agreements which party is the Republic of Moldova and the signed public agreements are not considered as producers, but observe requirements for management of OEEO according to this Provision and provisions of the Law No. 209/2016 on waste.

Physical persons or legal entities which import EEO for own consumption as end users without intention to implement, extend or use them for commercial purposes are not producers for the purposes of this provision, but observe requirements for management of OEEO according to this Provision and provisions of the Law No. 209/2016 on waste.";

1.8.2. add with subitem 3-1) of the following content:

"3-1) own consumption - use of product only by physical person or legal entity which made it or imported, without intention of its realization, distribution or use on professional basis";

1.8.3. 4) to state the subitem in the following edition:

"4) on professional basis - any kind of delivery of product to consumers or users during business activity, both for a fee, and it is non-paid.

For the purpose of this provision provision of the equipment by the producer or importer gratuitously without transfer of property is not considered delivery on professional basis if:

a) the equipment is intended only for support of use of the products realized by it;

b) it remains in property of the producer/importer;

c) the term of its use is limited to the written agreement.";

1.8.4. add with subitem 4-1) of the following content:

"4-1) authorized operator - the economic operator who got permission according to provisions of article 25 of the Law No. 209/2016 on waste and articles 12-28 of the Law No. 227/2022 on industrial emissions which activities consist in processing of OEEO";

1.8.5. in the subitem 5) the text "to Item c)" to replace with the text "to the subitem 3)";

1.8.6. 6) to add the subitem with the text: "Waste of EEO which can be used by both family households, and users outside family households anyway are considered OEEO which are formed in family households.";

1.8.7. 8) to state the subitem in the following edition:

"8) placement in the market of EEO - the action consisting in provision of product in the market for the first time in the territory of the Republic of Moldova on professional basis, for distribution, consumption or use in the market during business activity, both for a fee, and is non-paid. Introduction in free circulation (import) is considered placement in the market";

1.8.8. 11) to state the subitem in the following edition:

"11) collective system - the public association founded according to the Law No. 86/2020 on non-profit organizations, created by at least than three producers based on articles 12 and 12-1 of the Law No. 209/2016 on waste for the purpose of accomplishment of obligations of expanded liability of the producer for waste management of EEO";

1.8.9. add with subitems 13), 14) and 15) of the following content:

"13) large-size industrial stationary devices - the large-size complex of machines, the equipment and/or components which function together for specific application are established and dismantled on permanent basis by specialists in certain place, used and serviced by specialists on industrial production or research facility;

14) large-size stationary installation - certain large-size combination of several types of devices and, if necessary, other devices, which:

a) gather, established and dismantled by specialists;

b) are intended for permanent use as part of the building or construction on in advance determined place intended for this purpose; and

c) can be replaced with only specially developed equipment of the same type;

15) off-road self-propelled machines - the equipment having own power source and requiring for work either mobility, or continuous or semi-continuous movement between consistently located fixed working points";

1.9. state Item 8 in the following edition:

"8. In the context of application of part (3) article 12 of the Law No. 209/2016 on waste producers shall enter necessary measures for encouragement of ecological designing and production of products, and also use of the components and materials having insignificant negative impact on the environment in case of production of EEO for the purpose of ensuring conversion and removal of products which will become waste, according to provisions of the Law No. 151/2014 on requirements to ecological designing of energy-requiring products and to provide the following aspects:

1) to simplify transactions on dismantle and conversion of components;

2) to provide opportunities on reutilization and recirculation of OEEO, their components and materials.";

1.10. 11, 13 and 15 to state Items in the following edition:

"11. Provisions of Item 10 are not applied to medical devices and the equipment for supervision and control.";

"13. Placement in the market of EEO which exceeds the maximum values of concentration 0,1 of % for lead, mercury, hexavalent chrome, the polybrominated biphenyls and the polybrominated diphenyl ethers, encore (2 ethylhexyl) phthalate, butylbenzylphthalate, dibutyl phthalate and diisobutyldibutyl phthalate and 0,01 of % for cadmium, except for the equipment for which exceptions are established is forbidden.";

"15. Obligations of EEO producers to whom the regulations on expanded liability of the producer stated in part extend (2) article 12 of the Law No. 209/2016 on waste, are implemented:

1) individually; and/or

2) by accession to the collective system which got permission according to requirements of part (10) article 25 of the Law No. 209/2016 on waste.";

1.11. add with Item of 151 following contents:

"151. Collective and individual systems shall take all necessary measures for minimizing of removal of OEEO as unassorted municipal waste, for achievement of high level of separate collection of OEEO and transfer to the operator authorized in the field of processing of OEEO, in particular and in priority procedure concerning the heat-transmitting equipment containing ozone-depleting substances and the fluorinated greenhouse gases, the fluorescent lamps containing mercury, the photovoltaic panels and the small-size equipment provided in categories 5 and 6 of appendix No. 1-B.";

1.12. state Item 16 in the following edition:

"16. In case of individual respect for expanded liability of the producer acceptance of OEEO is performed by means of own collection points for OEEO established within network of sale of own products or through the operators authorized in the field of processing of such waste with which signed the agreement."

1.13. add with Items 16-1, 16-2 and 16-3 of the following content:

"16-1. Collective systems are developed, in coordination with bodies of local public authority or, proceeding from circumstances, with associations of intercommunitarian development, according to parts (3) and (5) Articles 11, part (17) Article 12 and article 12-1 of the Law No. 209/2016 on waste, additional system of collection of small-size OEEO from municipal waste and provide through the operator of municipal service of waste management separate collection and transportation of small-size OEEO to the authorized operator. It is forbidden to mix separately collected small-size OEEO, as well as to transfer or accept OEEO for the purpose of removal by burial.

16-2. Collective systems are specified in the operational plan of action for development of infrastructure for collection of OEEO which are formed in flow of municipal waste according to part (5) article 12-1 of the Law No. 209/2016 on waste, and also the planned expenses - in the financial plan.

16-3. Individual and collective systems shall produce in the annual financial report the evidence of the performed investments and the incurred expenses based on financial records (tax delivery notes).";

1.14. 17, 18 and 19 to state Items in the following edition:

"17. In case of respect for expanded liability of the producer by means of collective systems acceptance of OEEO is performed:

1) distributors of products of members of collective system;

2) the collection points appointed by regional authorities according to part (17) Article 12 and article 12-1 of the Law No. 209/2016 on waste, when ensuring availability and functioning of at least one collection point for OEEO from family households for settlements with the population at least 10 000 people. In small settlements collection of OEEO will be performed within the campaigns for collection of OEEO organized each six months in cooperation with the operator on sanitary cleaning;

3) the centers of collection of waste created by bodies of local public authority according to requirements of part (8) article 11 of the Law No. 209/2016 on waste;

4) the operators authorized in the field of processing of OEEO with which signed the agreement.

18. The collective systems which got permission according to part provisions (10) article 25 of the Law No. 209/2016 on waste, acting on behalf of producers, for the purpose of accomplishment of their obligations on separate collection of OEEO and ensuring accomplishment of target indicators on recirculation, conversion and removal according to provisions of Articles 12, 12-1 and 29 Laws No. 209/2016 on waste, provide management of OEEO by means of:

1) the conclusions of Treaties of Accession with any of the producers making the corresponding inquiry and accepting terms of the contract;

2) acceptances in ranks of members of collective system of producers which make the corresponding inquiry and correspond to the criteria provided by the charter of collective system. The collective system cannot deny the request about accession, except as specified provisions of the reasoned reasons and approval of the environment by the Agency;

3) the conclusions of contracts with bodies of local public authority or, proceeding from circumstances, associations of intercommunitarian development, according to parts (3) and (5) Articles 11, part (17) Article 12 and article 12-1 of the Law No. 209/2016 on waste, for development of additional system of collection of small-size OEEO from municipal waste;

4) collection and acceptance of OEEO, and also assistance to transfer to the authorized operators providing their processing;

5) the conclusions of contracts with the economic operators performing transactions on servicing and repair of EEO and accepting terms of the contract both regarding conversion of components of reuse, and for acceptance of the replaced parts which are waste;

6) reinvestments of potential profit in the same types of activity which were performed for execution of the obligations assigned to producers, for which there was assumed liability, in priority procedure in development of additional system of collection of OEEO;

7) the conclusions of contracts with the authorized processors capable to process OEEO or their materials and components;

8) publications on the official website of the sizes of rates for accepting liability on management of OEEO separately on each category concerning which permission, and also operating expenses on management of OEEO within 15 days from date of issue of permission is requested and issued.

Collective and individual systems shall post also on the official website and notify producers and the Agency of the environment on any changes in rates for accepting liability on management OEEO and the size of operational cost of management of OEEO in 15 days prior to their introduction;

9) publications on the official website of the list of the producers who joined collective system within 15 days from the date of issue of permission, and its updating as required.

19. Collective systems incur expenses on collection and separation collected through collection points under the contract with regional authorities according to subitems 2) and 3) of Item 17.";

1.15. add Item 20 with the subitem 6) of the following content:

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