The conclusion that anyone draws by analyzing the public information from the last 5 years regarding the degree of fulfillment of the packaging waste recycling objectives, the level of investments in the separate collection infrastructure and its management is: Romania is not experiencing any progress in the separate collection from households, which significantly affects reaching the recycling targets.
Where we are
The legislative framework is very broad, quite often amended, and ambiguous, thus affecting one of the basic pillars of successful enterprises – predictability. Naturally, the amendment of the current legislative framework should be made in such a way as to create the conditions for increasing the predictability and credibility of collecting and recycling of packaging waste, simplifying the way of working and streamlining the management costs, and in the same time ensuring a successful transition to the circular economy.
Unfortunately, by publishing Order no. 1555/2020 for the amendment of and in addition to the Procedure for the authorization, annual approval and withdrawal of the operating right of the organizations that implement the obligations regarding the Extended Producer Responsibility
(OIREP), approved by Order of the Deputy Prime Minister, Minister of Environment, no. 1362 / 2018, not only that the waste management system will not perform, but also will create the premises for the violation of the principles and provisions of the European and national legislation in the field of packaging waste management.
In accordance with the principles set by the Directive (EU) 2018/851 of the European Parliament and of the Council amending Directive 2008/98/EC on waste, under the Extended Producer Responsibility schemes, “The general minimum requirements should reduce costs and boost performance, as well as ensure a level playing field, including for small and medium-sized enterprises and e-commerce enterprises, and avoid obstacles to the smooth functioning of the internal market”.
By implementing the provisions of Order no. 1555/2020, the principles stated above are flagrantly violated, the waste management system being forced to face an imminent blockage.
Moreover, the implementation of Annex 1 of Order 1555/2020, which in this form, involves the allocation of points for fulfilling the obligations borne by OIREP, will determine their differentiated operational behavior in relation to the same set of obligations, regardless of how the score will be established.
In this way, there will be competitive disadvantages created between OIREPs, as the minimum score can be achieved by an intentional and anticipated risk-taking in choosing not to fulfill all obligations, which will allow receiving of undue financial advantages that will be reflected into:
– an incorrect competition policy by the way the tariffs are settled for the producers and importers of packaged goods placed on the national market.
– a non-unitary practice both in the relation with the local public authorities (UAT / ADI ) and with the economic operators authorized for the management of packaging waste (collection companies, sorting lines, recyclers), which will lead to the dissolution of the principles and obligations established by the national and the EC legislation.
In other words, the order grants in fact an OIREP the possibility to knowingly violate or bend some of its legal obligations, without incurring any sanction, which may lead to a different conduct of each OIREPs, and consequently to the destabilization of the competitive environment and of the field of packaging waste management itself, thus diverting precisely the primary purpose of the environmental protection.
At the same time, by establishing a withdrawal procedure of the operating license based on a score attributed according to the grid and by setting a threshold of 80 points for keeping it, the very purpose of the obligations established for an OIREP, namely the functionality of the Extended Producer Responsibility is diverted, according to the Art. 8a of Directive 2008/98/EC which is setting the minimum conditions established for the Extended Producer Responsibility schemes.
By awarding scores for compliance, an OIREP has the possibility of non-compliance with certain obligations, without having its operating license revoked. By allowing such a possibility, the imperative prohibitive legal rules that are setting the obligations, are transformed into simple recommendations.
In conclusion, the implementation of this Order will lead to unfair competition at the OIREP level which will directly reflect on producers’ activity, leading to major discrepancies and contravening the provisions of the European Directive.
What we can do:
- Creating a constructive dialogue leading to the establishment of appropriate legislative provisions, and enabling the proper functioning of Extended Producer Responsibility schemes.
Directive (EU) 2018/851 of the European Parliament and of the Council amending Directive 2008/98/EC on waste states, in art. 8a, para. (6): “Member States shall ensure a regular dialogue between relevant stakeholders involved in the implementation of Extended Producer Responsibility schemes, including producers and distributors, private or public waste operators,
local authorities, civil society organizations and, where applicable, social economy actors, re-use and repair networks and preparing for re-use operators”.
We have to mention the fact that, throughout the process of amending this act and not only on this occasion, the members of our association were actively involved, by sharing with the ministry and participating in debates with opinions and proposals resulting from the real challenges of the packaging waste management in Romania, with the desire to bring the needed clarifications to the legislation that will help to achieving the packaging waste recycling objectives; our efforts were in vain, the proposals of the Association not being taken into account.
- Cancelation of Annex 1 to Order no. 1555/2020.
The solution adopted by the legislator is not appropriate and contradicts from the point of view of its legality pertaining to the primary legal norms currently enforced being legal acts of higher order (Law no. 249/2015, Law no. 211/2011, GEO no. 196/2005 – with subsequent amendment and additions).
- Amendment of the provisions of Law no. 249/2015.
The withdrawal of the operating license cannot be ordered based on a subjective assessment grid of the fulfillment / non-fulfillment of OIREP’s obligations.
In conclusion, we request that you urgently suspend the applicability of Order no. 1555/2020 and initiate a series of open meetings and debates for the adoption of appropriate legislative rules, which properly transpose European directives and allow a more efficient management of the packaging waste and implicitly increasing the achievement of the applicable objectives.
About OIREP AMBALAJE Association
Professional, non-governmental, non-profit, apolitical and independent organization that aims to promote the interests of members in the context of their specific activity in the field of packaging and packaging waste management, in relation to the Romanian and European Union authorities, aiming to ensure an optimal legal framework, both financially and operationally, for the efficient implementation of the Extended Producer Responsibility in full compliance with the national legislation and relevant European Directives. The membership of OIREP AMBALAJE Association consists of 12 of the 13 established OIREP that operate based on operating licenses issued by the Ministry of Environment, Waters and Forests, the 13th organization being in the process of becoming a standing member. Thus, at this date, the Association practically represents all the organizations that implement the Extended Producers Responsibility (OIREP) based on the provisions of Law no. 249/2015 and of the Order no. 1362/2018, members which on aggregate manage approx. 1.6 million tons of packaging (84% of the total amount of packaging put on Romanian market) and have a net turnover of over 750 million lei.
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