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. EIMPack Economic Impact of the Packaging and Packaging Waste Directive Framework and Evolution of the Packaging Sector in Romania - Report 0 January 2012

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Page 1: EIMPack Economic Impact of the Packaging and …eimpack.ist.utl.pt/docs/Report 0_Romania_final.pdfEIMPack – Economic Impact of the Packaging and Packaging Waste Directive Framework

.

EIMPack – Economic Impact of the Packaging and Packaging Waste Directive

Framework and Evolution of the Packaging Sector in Romania - Report 0

January 2012

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Legal notice

This report consists of a study based on the information provided by the utilities. It was prepared as part of the

work programme of EIMPack - Economic Impact of the Packaging and Packaging Waste Directive, financed

by European Investment Bank. The European Investment Bank or any person or company acting on behalf of

the Bank is not responsible for the use that may be made of the information contained in this report.

Research team

Rui Cunha Marques (Principal Investigator)

Nuno Ferreira da Cruz (Researcher)

Pedro Simões (Research grant)

Sandra Faria Ferreira (Research grant)

Marta Cabral Pereira (Research grant)

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Task 3 – Financial Flows

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Table of Contents

Page

LIST OF FIGURES ........................................................................................................... II

LIST OF TABLES .............................................................................................................III

1. INTRODUCTION .......................................................................................................... 1

2. LEGAL FRAMEWORK .................................................................................................. 4

2.1 Waste Management ................................................................................................ 4

2.2 Waste Management Policies ................................................................................... 8

2.3 Urban Solid Waste Management Models................................................................12

2.4 Waste Authorities ...................................................................................................14

3. URBAN WASTE SERVICES OPERATORS .................................................................17

4. LICENSED ENTITIES FOR MANAGING THE LOGISTICS CHAIN OF PACKAGING

WASTE ............................................................................................................................22

4.1 Eco-Rom Ambalaje ................................................................................................22

5. ECONOMIC AND FINANCIAL ASPECTS ....................................................................25

6. CURRENT SITUATION ...............................................................................................27

7. CONCLUSIONS ..........................................................................................................32

REFERENCES ................................................................................................................34

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List of Figures

Figure 1 – Regions of Romania .......................................................................................13

Figure 2 – Evolution of the waste selective collection between 2008 and 2010 ................19

Figure 3 – Municipal waste produced (kg per capita) .......................................................27

Figure 4 – Municipal waste produced and collected (103 of tonnes) .................................28

Figure 5 – Packaging waste produced by material (thousands of tonnes) ........................29

Figure 6 – Recovery rate for packaging waste by material (%) ........................................30

Figure 7 – Recycling rate for packaging waste by material (%) ........................................30

Figure 8 – Romanian national objectives and recycling/recovery rates ............................31

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List of Tables

Table 1 – Objectives of recycling/recovery for packaging waste ....................................... 2

Table 2 – Minimum levels (per material) of recycling/recovery of packaging waste ........... 3

Table 3 – Transposition of the Acquis Communautaire into Romanian legislation ............. 5

Table 4 – Gradual increase of the national recycling and recovery obligations.................. 8

Table 5 – Objectives of the National Waste Management Plan ........................................10

Table 6 – Waste disposal facilities in Romania (2011) .....................................................20

Table 7 – Eco-Rom´s key figures (2010) ..........................................................................23

Table 8 – Eco-Rom’s recycling and recovery rates in 2010 ..............................................24

Table 9 – Recycled quantities by material (2010) .............................................................24

Table 10 – Eco-Rom license fees for 2011 ......................................................................25

Table 11 – Eco-Rom license fees for 2012 ......................................................................26

Table 12 – Municipal waste collection and treatment (thousands of tonnes) ....................28

Table 13 – Packaging waste produced by material (thousands of tonnes) .......................29

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1. Introduction

1

1. Introduction

Romania signed the Accession Treaty to the European Union (EU) on 25 April 2005,

entering effectively into the EU on 1 January 2007. In addition to the Treaty, other

protocols have been signed which set commitments to implement the Acquis

Communautaire (European law). The EU legislation on waste management has been

transposed into national law. The closure of 150 uncontrolled landfills and 1.500 illegal

dumpsites, among others, were some of the accession requirements concerning waste

management. For achieving full compliance, some transitional periods were set: 2009 for

the closure of illegal dumpsites and 2017 for closing all non-compliant/uncontrolled

municipal landfills (TWB, 2011).

The national legislation on packaging and packaging waste (PPW) began to be

implemented in 2005, following the EU requirements, through the Government Decision

(GD) no. 621/2005 (amended by the GD no. 1872/2006 and GD no. 247/2011) on PPW

management and through the Order no. 927/2005 on data reporting procedures regarding

PPW. Transition periods were defined for the targets concerning packaging waste

recovery and recycling. The targets of Directive 94/62/CE on PPW must be achieved by

Romania until the end of 2013. Relevant legislation on PPW also includes:

Ministry of Environment and Forests Order no. 1032/2011 that defines the

methodology for the determining Environmental Fund contribution (2RON/Kg) in

case of non-fulfilment of the recycling/recovery objectives by the required

companies; Order no. 1032/2011 amends the Order no. 578/2006, approving the

computation methodology of the corresponding contributions and taxes;

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1. Introduction

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Emergency Government Order no. 196/2005 with later modifications and an

addendum, referring to the new recycling and recovery objectives for the required

companies (higher than the national objectives);

Ministry of Environment and Forests Order no. 2742/2011 concerning the approval

of Licensing Procedures for Recovery Organizations (acting as intermediaries in

the fulfilment of the producers and packers obligations in order to reach the targets

of packaging waste recycling and recovery).

Thus, the Required Companies Minimum (per material) and Global Recycling/Recovery

Packaging Waste Objectives (%) are indicated in Table 1.

Table 1 – Objectives of recycling/recovery for packaging waste

Year Paper

Plastic Metal

Glass (%)

Wood (%)

Global Objectives

for Recycling

(%)

Global Objectives

for Recovery or Incineration with Energy

Recovery (%)

TOTAL (%)

From which

PET (%)

TOTAL (%)

From which Al (%)

2010 60 14 - 50 - 44 12 42 48

2011 60 22,5 42 50 17 54 15 50 57

2012 60 22,5 55 50 21 60 15 55 60

2013 60 22,5 55 50 21 60 15 55 60

Al - Aluminium

The national minimum (per material) and global recycling/recovery packaging waste

objectives are presented in Table 2.

In order to achieve the waste management targets and the PPW Directive targets, several

instruments were created, namely the National Waste Management Plan (NWMP) and the

National Waste Management Strategy (NWMS).To implement the NWMP, eight Regional

Waste Management Plans were developed, including targets to comply with the National

and the EU objectives.

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Table 2 – Minimum levels (per material) of recycling/recovery of packaging waste

Year Paper

(%) Plastic

(%) Metal (%)

Glass (%)

Wood (%)

Global objectives for recycling (%)

Global objectives for recovery or incineration with energy recovery (%)

2010 60 14 50 44 12 42 48

2011 60 16 50 48 15 46 53

2012 60 18 50 54 15 50 57

2013 60 22,5 50 60 15 55 60

The Romanian Ministry of Environment and Forests is the national authority responsible

for environmental policy and waste legislation, having similar competences to the other

European environment agencies.

Regarding the PPW recycling, Eco-Rom Ambalaje is the entity which manages the Green

Dot Scheme in Romania. Nevertheless, currently there are a total of seven companies

licensed for packaging waste management, acting as intermediaries in the fulfilment of the

producers and packers obligations in order to reach the targets of packaging waste

recovery and recycling.

Following this introduction, the report is organized as follows. Section 2 provides an

overview of the legal framework applied to the waste sector in Romania. Section 3

describes the urban waste services operators. The licensed entities responsible for the

packaging waste management, with an emphasis on the company which manages the

Green Dot System are presented in section 4. Section 5 introduces the economic and

financial issues related to packaging waste management while section 6 overviews the

current situation. Finally, the main conclusions are presented in section 7.

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2. Legal Framework

2.1 Waste Management

The Framework Directive 75/442/EEC on waste (as amended by Directive 91/156/EEC),

was transposed into Romanian legislation through the Law no. 426/2001 which approved

the Emergency Ordinance no. 78/2000 and through the Government Decision (GD) no.

123/2003 which approved the National Waste Management Plan. The Directive

1999/31/EC on waste landfilling (transposed into the national law through GD no.

349/2005, modified and completed by GD no. 210/2007), requires a reduction of the

quantities of biodegradable waste landfilled, imposing targets to be achieved (comparing

to the year 1995):

by 2010, the quantity of biodegradable household waste landfilled should be

reduced to 75 % in weight;

by 2013, the quantity of biodegradable household waste landfilled should be

reduced to 50 % in weight.

Since 2010, over 0,8 million tonnes of biodegradable waste have been diverted from

landfills and from 2013, over 2 million tonnes of biodegradable waste should be recovered

annually (REPAB, 2010).

The Directive no. 2000/76/EC on waste incineration was transposed by the GD no.

128/2002 and by the Order of the Ministry of Waters and Environment Protection no.

1215/2003 which approved the technical norms of waste incineration. The Directive no.

94/62/EC on PPW was transposed by the GD no. 349/2002, later on amended by GD no.

621/2005, 1872/2006 and 247/2011, and by the Order of the Ministry of Waters and

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Environment Protection no. 1190/2002 (on the procedure for reporting information on

PPW).

The Acquis Communautaire in the field of waste management includes 16 acts, most of

which have already been transposed into Romanian legislation, as indicated in Table 3.

Table 3 – Transposition of the Acquis Communautaire into Romanian legislation

European Legislation Romanian Legislation

Framework Council Directive 75/442/EEC on waste, amended by Council Directives 91/156/EEC

Law no. 426/2001 for approval and completion of the Emergency Ordinance no. 78/2000 on waste management.

GD no. 123/2003 for the approval of stage National Waste Management Plan.

Directive no. 91/689/EEC on hazardous waste

Law no. 426/2001 on approving Emergency Ordinance no. 78/2000 on waste management.

Directive no. 75/439/EEC on the disposal of waste oils, as amended by Directive no. 87/101/EEC and Directive no. 91/692/EEC

GD no. 662/2001 on the disposal of waste oils, as completed and amended by Government Decision no. 441/2002. GD no. 1159/2003 on amending Government Decision no. 662/2001 on the disposal.

Directive no. 91/157/EEC on batteries and accumulators containing certain dangerous substances and Directive no. 93/86/EC on the marking of batteries

Government Decision no.1057/2001 on batteries and accumulators containing dangerous substances.

Council Directive 99/31/EC on the landfill of waste

GD no. 162/2002 on waste landfilling.

Ministerial Order no. 867/2002 regarding the definition of criteria to be met by waste in order to be included on the specific list of a storehouse and on the national list of waste accepted in each waste storage class 2002.

Ministerial Order no. 1147/2002 regarding the approval of Technical Requirements for waste landfilling – construction, operation, monitoring and closure of landfills.

Council Directive 2000/76/EC on the incineration of waste

GD no. 128/2002 concerning waste incineration.

Ministerial Order no. 1215 of January 10, 2003 regarding the approval of technical requirements for waste incineration.

Council Directive 94/62/EC on packaging and packaging waste

GD no. 349/2002 concerning packaging and packaging waste management.

Ministerial Order no. 1190/2002 regarding the reporting procedures of the data referring to packaging and packaging waste.

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Table 3 - Transposition of the Acquis Communautaire into Romanian legislation (cont.)

European Legislation Romanian Legislation

Council Directive 94/62/EC on packaging and packaging waste

GD no. 349/2002 concerning packaging and packaging waste management.

Ministerial Order no. 1190/2002 regarding the reporting procedures of the data referring to packaging and packaging waste.

Directive no. 96/59/EC on the disposal of biphenyls and polychlorinated terphenyls (PCB and PCT)

GD no. 173/2000 on the special management and control of polychlorinated biphenyls and other similar compounds.

Order of the Ministry of Waters and Environment Protection no. 279/2002 on establishing the Technical Secretariat for the Management and Control of PCBs and PCTs within the Directorate for the Management of Waste and Dangerous Chemical Substances.

Decision no. 2000/532/EC, as amended by Decision no. 2001/119 establishing a list of waste (replacing Decision no. 94/3/EC establishing a list of waste Decision no. 94/904/EC establishing a list of hazardous waste).

GD no. 856/2002 on keeping waste management records and approving a list of waste, including hazardous waste.

Regulation no. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community

GD no. 1357/2002 on establishing the public authorities responsible for the supervision and control of shipments of waste within, into and out of the country. GD no. 228/2004 on the supervision and control of shipments of non-hazardous waste for import, inward processing and transit. Law no. 6/1991 on Romania’s accession to the Basel Convention on the control of transboundary movements.

Directive no. 86/278/EEC on the protection of the environment, and in particular use of the soil, when sewage sludge is used in agriculture

Order of the Minister of Agriculture, Forests, Waters and Environment no. 49/2004 on approving the technical norms for the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture.

Source: ´ RMEWM, 2004a and RMEWM, 2004b

According to the Article 16 of the GD no. 621/2005 “economic agents that place

commercial packaging on the market are responsible for these packaging”. The recycling

and recovery objectives can be achieved by the economic agents individually, through the

collection of packaging waste produced or, otherwise, by delegating their responsibilities

to an economic agent authorized (licensed) by the Ministry of Environment and Forests

which is responsible for achieving the national recycling and recovery objectives. These

economic agents are thus obliged to provide annual information on PPW management.

One should note that an economic operator must fulfil the obligations anyway; however, it

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can do it on its own or otherwise they can be transferred to an authorized (licensed)

agent/company (such as Eco-Rom Ambalaje). According to GD no. 247/2011, if the

economic operator does not fulfil these objectives individually, within a period of one year,

it must transfer its responsibilities to an authorized economic agent.

The GD no. 247/2011 imposes that the economic operators with sales areas over 1.000

square meters, as well as the purchasers of packaged products to direct importers or local

manufacturers, have to assure that these suppliers are registered on Fund for

Environment Administration. This list has a record of the companies that fulfil recycling

and recovery targets set by law (Eco-Rom, 2011b).

This decree also states that economic operators who take the responsibility for the

packaging waste produced by third parties are required to establish contracts/partnerships

or other forms of collaboration (defined by law) upon request of the authorities of

territorial-administrative units, in order to ensure the recovery of packaging waste

collected based on the quantities agreed by the contract.

Economic operators (who meet their responsibilities individually or through a third party

duly authorized), local authorities and public institutions managing packaging waste are

required to provide information on PPW management, annually, to the Ministry of

Environment and Forests. The procedure for reporting such data and information is

determined by the Ministry and the reported information is stored in a database managed

by the National Environmental Protection Agency.

According to the current legal framework, the national recycling and recovery targets for

packaging waste are set by material and per year (see Table 4).

The Law no. 132/2010 on selective collection of waste states that public institutions are

required to set a selective collection system for the following types of waste: paper,

cardboard, plastic, metal and glass. The selective collection system can be performed

directly by the local services or by delegating the responsibility to authorized companies.

The transposition of the Waste Framework Directive 2008/98/CE into Romania law is

being performed (BiPRO, 2011).

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Table 4 – Gradual increase of the national recycling and recovery obligations

Year

Minimum objective of recovery through material recycling (%) Recycling

objective (%)

Recovery objective (%) Paper/

Cardboard Plastic Glass Metals Wood

2005 15 18 22

2006 15

15 15

26 32

2007 60 10 22 15 5 26 34

2008 601)

11 32 501)

7 33 40

2009 60 12 38 50 9 38 45

2010 60 14 44 50 12 42 48

2011 60 16 48 50 15 46 53

2012 60 18 54 50 15 50 57

2013 60 22,51)

601)

50 151)

551)

601)

1)

Directive 94/62/CE targets.

2.2 Waste Management Policies

Romania’s Accession Treaty to the EU was signed on April 2005 and it comprises the

implementation of the European legislation into national law. This procedure comprises

transition periods (e.g. packaging waste recovery and the landfill of biodegradable waste).

The government set some tools regarding waste management to achieve the objectives

determined by the EU accession which are presented below.

The NWMS was developed by the Ministry of Environment and Water Management for

the period 2003-2013. It has the objective of creating the necessary framework to develop

and implement an integrated waste management system that is at the same time

environmentally and economically favourable. The NWMS is being revised and published.

Concerning the target years, the general objectives of this document can be summarized

as follows, (REPAB, 2010):

2013: to incorporate the principles and practices of sustainable development in all

the programs and public policies of Romania as an EU Member State;

2020: to attain the current average level of the EU countries for the main indicators

of sustainable development;

2030: to achieve the average performance of the EU Member States for the

sustainable development indicators.

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According to ANPM (2012b), the revised NWMS should take into account the status of the

implementation, the progress made, the weaknesses which hindered the achievement of

the objectives and new trends in European waste policy. In order to carry out this strategy,

the central government created the framework for every part of society to take

responsibility and manage their own waste. The main objectives of the reviewed NWMS

are (ANPM, 2012b):

Preventing and recovering waste (reuse, recycling, energy recovery), in line with

the waste hierarchy and the requirements of the Waste Framework Directive. This

will lead to decoupling waste generation from economic growth;

Meeting the targets, focusing on targets for biodegradable waste disposal and

giving special attention to further targets for packaging waste and electrical and

electronic waste;

Increasing recycling and energy recovery from waste (decreasing resource

consumption);

Providing incentives to reduce waste production and to increase recycling. It

should stimulate the investments in waste collection, recycling and recovery and

the development of a recycled materials market;

Developing indicators for monitoring the strategy implementation;

Raising awareness and stimulating people for selective collection and for the

reduction of waste produced;

Implementing measures proposed by the regional and local plans for waste

management;

Guaranteeing the principles of proximity and self-sufficiency.

In order to accomplish these goals, the reviewed NWMS has planned the following

measures (BiPRO, 2011):

Closure of all illegal dumpsites;

Investments in waste management infrastructures and in citizen’s awareness

campaigns;

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Introduction of a landfill tax;

Diversion of biological waste from landfills through the selective collection;

Total population coverage on waste collection.

The landfill tax, which has the purpose of encouraging waste recycling, will be

implemented in January 2012 and it is expected to be around 7 to 12€/ton (BiPRO, 2001).

The first NWMP was adopted by GD no. 123/2003, and currently is under revision. Before,

it was already in force the County Management Plans (2001) and the NWMS. The NWMP

lays down a set of objectives, targets and measures for the same period of the NWMS.

Nevertheless it also includes longer term objectives, e.g. to be accomplished by the year

2022. A summary of the waste management objectives is presented in Table 5.

Table 5 – Objectives of the National Waste Management Plan

Main objectives Targets/deadline

Harmonize the national waste management policy and legislation in the field of waste management, with the European policies and provisions, as with the provisions of the international agreements and conventions of which Romania is a subscriber.

Deadline: 2007

(Accomplished)

Increase the effective enforcement of the waste management legislation and encourage the private initiative on waste management.

Privatization of 70% of the waste management services

Deadline: 2007

Improve the economic and financial mechanisms of municipal waste management (taxes calculation, special national programs financed from the state budget).

Deadline: 2007

(Accomplished)

Develop activities for the material and energy recovery of waste.

Recovery of 7% of the household waste.

Deadline: 2010

Extend the waste collection systems in urban and rural areas.

Collect 84% of the municipal waste.

Deadline: 2013

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Table 5 – Objectives of the National Waste Management Plan (cont.)

Main objectives Targets/deadline

Implement and extend the selective waste collection at the source.

Period between 2004 and 2017

Ensure the necessary capacity for waste disposal through the promotion of the disposal equipment at area level.

50 municipal waste landfills, category b), average capacity of

around 100.000 t/yr. and a maximum of 15 landfills category b), with an average capacity of

50.000 t/yr. Deadline: 2017

Reduce the quantity of packaging waste generated per product unit.

55% of packaging waste weight.

Deadline: 2013

Increase the quantity of the packaging waste collected from an efficient selective collection

2003 – 2006: experimental (pilot projects), awareness of the

population;

2007 – 2017: extension of the selective collection at the national

level.

Create and optimize the waste material recovery schemas. Organize zonal systems and material recovery of about 50% of packaging waste. Deadline: 2013

Create and optimize the energetic recovery schemas for packaging waste (“inadequate” for material recovery).

Organize zonal systems and energetic recovery of about 10% of packaging waste. Deadline:

2022.

Promote the energy recovery using high efficiency equipments.

Energy recovery of about 10% of the municipal waste.

Deadline: 2020

Source: RMEWM, 2004a

According to the NWMP, 7% of household waste should be recovered by 2010 and 85%

of municipal waste should be collected by 2013. The NWMP also states that 65 (legal)

landfills should be operational until 2017 (see Table 5).

The National Environmental Action Plan (NEAP) is an instrument aimed at implementing

environmental policies in waste management by promoting, supporting and monitoring the

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projects with significant environmental impact. The coordination and updating of the NEAP

is a responsibility of the National Environmental Protection Agency (NEPA) according to

GD no. 459/2005. NEAP will cover a portfolio of projects previously evaluated, selected

and prioritized to be approved by a Committee composed by several ministers (REPAB,

2010).

The European Commission approved the Sector Operational Programme for the

Environment (SOPE), for the period 2007-2013, in June 2007, which outlined

development strategies in order to meet relevant EU directives while respecting the

specific national interests. The transitional periods, in accordance with EU Directives

regarding waste disposal, were: 2017 for municipal landfilling, 2009 for the temporary

storage of hazardous waste and 2013 for the disposal of non-hazardous industrial waste

(REPAB, 2010).

Through the SOPE, Romania has had access to almost one billion euros to implement an

integrated waste management system in all its counties by 2015 and meet the objectives

in terms of selective collection, recycling, recovery and landfilling of municipal waste

(Târńiu, 2011).

Although, no national waste prevention programme was published, the government

intends to develop the programme until December 2013. Romanian authorities are

planning to develop specific initiatives and contents of the programme in accordance with

programmes and projects of other Member States already in force (BiPRO, 2011).

2.3 Urban Solid Waste Management Models

Romania is organized in 8 regions, 41 counties and 314 municipalities and cities. The 41

counties are grouped in 7 regions, plus Bucharest and the county of Ilfov, representing the

8th region (see Figure 1).

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Figure 1 – Regions of Romania

According to Law no. 101/2006, local authorities have exclusive competences for setting

up organization and management of the sanitation services. These services (hereafter

waste services) include the following operations:

Municipal solid waste collection and transport;

Municipal solid waste sorting and storage;

Management of waste treatment and of the market of products from recycling and

energy recovery.

Government Ordinance no. 87/2001 (replaced by Law no. 101/2006 currently in force)

established the principle that local authorities can delegate the management of waste

services to licensed operators (the National Regulatory Authority for Municipal Services,

ANRSC, issues these license) through public tenders based on management contracts or

concession contracts of waste services. However, local authorities can contract directly

subsidiary companies (REPAB, 2010). The duration of the delegation contract should not

be higher than 49 years (the period necessary to depreciate the investment).

Law no. 101/2006 on local waste services establish that local councils have the power to

elaborate and approve local strategies regarding the development of waste services

management in the medium and long terms. The regional associations (composed by

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municipalities) and the county councils manage the final disposal facilities and the transfer

stations (TWB, 2011).

Government Emergency Ordinance no. 92/2007 (approved by Law no. 224/2008 and

amending Law no. 101/2006) established that the procedures and the legal regime of the

delegation contracts corresponds to the ones provided by the Government Emergency

Ordinance no. 34/2006 regarding the award of public procurement contracts, public works

concession contracts and services concession contracts (approved by Law 337/2006,

amended and supplemented by Law 128/2007 and Government Emergency Ordinance

94/2007).

According to the NWMS, the responsibility for waste management activities shall be

assigned to waste producers adopting the “polluter pays” or the “producer responsibility”

principles. Regarding to municipal waste, in urban areas, the waste management is

performed by specialised services belonging to the municipalities or waste operators.

These services are based on contracts with individual producers, covering about 95% of

all municipal waste producers. In rural areas, in general, the transport to disposal sites is

performed by waste producers individually.

Waste service operators, whose capital is owned by local governments, may also be

private. This decision is made by the local council or by the General Council of Bucharest.

2.4 Waste Authorities

According to Law no. 426/2001 on approving Emergency Ordinance no. 78/2000 on waste

management, the Ministry of Environment and Water Management has been designated

as the major competent authority for waste management, and is in charge of the National

Action Plan (UN, 2011).

The waste management authorities in Romania are the Ministry of Environment and

Forests, the Ministry of Administration and Interior, the county councils and the

municipalities. The Ministry of Environment and Forests is the authority responsible for the

implementation of waste legislation. The design of the Regional Environmental Protection

Plans is responsibility of the eight regional Environmental Protection Agencies. The

Ministry of Administration and Interior makes sure that most of the population is covered

by a waste management collection service (TWB, 2011).

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Task 3 – Financial Flows

2. Legal Framework

15

The Ministry of Environment and Forests is responsible for the environmental policy

regarding waste management. The Ministry also monitors municipal waste management

operations and performs annual inspections of the sanitary services.

The Ministry of Interior also has responsibilities on waste management, for instance, by

participating in the development of the national waste management programme,

supporting local authorities in creating a system for waste recycling and recovery,

developing strategies and specific regulations for municipal solid waste management.

Through Law no. 51/2006, the regulatory authority, the ANRSC, exercises its power over

local authorities and waste service operators (operators must have a license issued by the

ANRSC).

The NEPA is subordinated to the Ministry of Environment and Forests and was

established by the GD no. 1625/2003. In line with the Romania accession to the EU, it

suffered a reorganization based on the GD no. 459/2005. Currently, the NEPA’s

responsibilities are to (ANPM, 2011):

Provide technical support for the creation of regulatory instruments, strategies and

environmental sector policies harmonized with the Acquis Communautaire and

based on the concept of sustainable development;

Implement of environmental legislation;

Coordinate the implementation of environmental strategies and policies at national,

regional and local levels;

Be the representative in internal and external environmental relationships, as

mandated by the Ministry of Environment and Forests;

Authorise activities with potential environmental impact and ensure compliance

with the law;

Provide national reference laboratory officials for air, waste, noise and vibration,

and radioactivity;

Coordinate sector action plans and national action plan for environmental

protection.

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Task 3 – Financial Flows

2. Legal Framework

16

The National Guard for Environment (NGE) has responsibilities regarding law

enforcement and control, for example by performing inspections in waste management

facilities (BiPRO, 2011). NEPA and NGE are represented at regional and local level.

The Environment Fund Administration is a public institution coordinated by the Ministry of

Environment and Forests. It provides financial support for projects and programs for

environmental protection, established according to the European principles of the "polluter

pays" and the "producer responsibility". The Law no. 73/2000 stipulated that the income

sources for the Environment Fund are the taxes coming from exploiting natural resources,

polluting the atmosphere and surface and subterranean waters and other polluting

activities. The Order no. 1032/2011, amending the Order no. 578/2006, approves the

computation methodology of the corresponding contributions and taxes.

The Romanian Association of Solid Waste Management (RASWM), founded in 1999,

focuses its activity on waste management, recycling and reuse. The clients are waste

management operators of which 78% are private companies. The objectives of the

RASWM are to (RASWM, 2012):

Represent, preserve, promote and support the economic, technical and legal

interests of its members;

Encourage private initiative as the main promoter of higher standards in waste

management services, with the purpose of attracting Romanian and foreign

investors as business partners;

Support technological and scientific progress by initiating and supervising

professional training and specialization, and also by promoting the exchange of

scientific information;

Cooperate with Romanian and foreign organizations connected to the waste

management activities, organizing the participation of its members to international

important knowledge - sharing activities;

Promote the strategies, policies and regulations adopted in the waste

management and environmental domains at a national, European, and world level.

Regarding waste management, the National Statistics Institute processes data provided

by the operators which is afterwards analysed by the RASWM. These entities produce

reports from these data (TWB, 2011).

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Task 3 – Financial Flows

3. Urban Waste Services Operators

17

3. Urban Waste Services Operators

Collection, transport and disposal of municipal waste are competencies of local public

bodies. As it was mentioned before, these waste management services can be

outsourced; in fact, nowadays waste collection services are mostly privatised (or

delegated through contract). Among the 400 authorized operators for waste services, 10

represent more than 80% of the market of the waste management services (e.g.

collection, transport, and disposal). Regarding packaging waste collection, more than

1.000 companies are licensed and, in the case of paper and metal waste, collection and

recycling have been assured by a large network of companies (Agentschap, 2011).

Irrespective of the management model adopted (direct or delegated management), the

waste service activities are organized and performed in accordance with regulations and

technical specifications, approved by local councils in compliance with the regulatory

framework. The operators of the waste services have to prove their technical and

organizational skills, that their staff is qualified and that they have the appropriate

technical equipment in order to provide the services, meeting the qualitative and

quantitative standards stipulated in the waste service regulation (REPAB, 2010).

In 2009, the amount of municipal waste collected by municipalities (their own specialised

services) or through contracted waste services was 6,93 million tonnes. Around 63% of

the national population is served by waste services, where the share is 84% for the urban

areas and only 38% for the rural ones (ANPM, 2012b).

In some small villages, usually there is only one company providing the waste services,

but in major cities there are more companies providing these services. In rural areas, the

waste collection from household and business is not as organized as the systems that are

situated in the vicinity of towns (REPAB, 2010).

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Task 3 – Financial Flows

3. Urban Waste Services Operators

18

The collection systems often use out-dated and inadequate equipment that, in general,

needs some important improvements. In particular, the selective collection of municipal

waste at source should start to be considered. Adding to these problems there is also a

lack of experience and a low capacity of the Romanian local authorities for managing

large-scale investment projects (RMESD, 2007).

As waste collection is mostly for undifferentiated waste, the recent waste management

systems include sorting facilities and are required to meet the recovery and recycling

targets. According to Agentschap (2011), the targets for metal recycling (50% by 2011-

2012) are far from being attained due to the deficient collection and low capacity of the

recycling centres. Among the metals, the aluminium targets (a recycling target of 17% by

2011 and 20% by 2012) are far from being accomplished, requiring an important

investment in sorting equipment.

The implementation of selective collection was intended to be addressed in three stages,

as follows (ANPM, 2012b):

2003-2006: experimental (pilot projects), public awareness;

2007-2017: expansion of national selective collection;

2017-2022: implementation of selective collection in difficult areas (e.g. collective

housing, dispersed rural population and on mountains).

During the period 2004-2006, in Romania, the selective collection of municipal waste for

packaging waste recovery from households (paper, cardboard, glass, metals and plastics)

was performed locally through pilot projects initiated by Eco-Rom Ambalaje in cooperation

with waste companies and municipalities. Since 2007, selective collection began to

expand. In fact, in 2007, selective collection was implemented in 183 villages, while in

2010 it was carried out in 698 villages. The amount of waste selectively collected has also

increased significantly, as shown in Figure 2.

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Task 3 – Financial Flows

3. Urban Waste Services Operators

19

Source: ANPM, 2012b

Figure 2 – Evolution of the waste selective collection between 2008 and 2010

During 2010, several containers for selective waste collection were placed nationwide in

698 places (including the six areas of Bucharest). There are also on-going pilot projects in

27 municipalities (ANPM, 2012b).

Eco-Rom (2011) states that 4 million inhabitants (approx. 20% of the total population)

have access to the selective collection system. Household selective waste collection is

proving to be particularly challenging mainly due to the underdevelopment of the collection

system, the relatively poor road infrastructure (especially in rural areas) and the lack of

education/awareness.

Generally, in densely populated areas the service of waste collection is provided through

the bring-system, in collection points with several drop-off containers (for selective

Packaging waste collection - batteries of containers igloo and/or 1.100 l containers: blue

for paper and cardboard, yellow for metals and plastics and green for glass). For the

single-family houses located in the suburbs and rural areas, the waste collection is

provided through a kerbside collection system. For the case of the bring-system, the

collection frequency has to be done on a daily basis. For kerbside collection the vehicles

carry out two collections per week. In rural areas, the figures on waste collection service

widely diverges; for instance, the collection frequency can differ, e.g., once every two

weeks or twice a week. The household waste collection in the rural areas is generally

performed by horse cart (REPAB, 2010).

28.956 33.264

58.245

0

10.000

20.000

30.000

40.000

50.000

60.000

70.000

2008 2009 2010

Selective collection (tonnes)

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Task 3 – Financial Flows

3. Urban Waste Services Operators

20

Concerning the landfilling of biodegradable waste, in early 2011 there were a total of 60

composting facilities (authorized or pending authorization, see Table 6) with a capacity of

166 thousand tonnes per year (ANPM, 2012b).

During 2010 there were 106 non-compliant municipal landfills in operation, 26 of which

have stopped operating on July 2010 (in accordance to the plan presented in Directive

1999/31/EC, and GD no. 349/2005 regarding waste disposal). For the remaining non-

compliant municipal landfills, improvements on operation and monitoring activities are

currently being carried out (ANPM, 2012b).

Table 6 – Waste disposal facilities in Romania (2011)

Disposal operations facilities Number

Composting facilities 60

Compliant landfills 30

Waste incinerator 0

Sanitary landfills are mostly owned by local authorities, being operated by private

companies (Agentschap, 2011). According to ANPM (2012a), there are 30 compliant

landfills (from which five are under an authorization process and two have exceeded the

waste disposal capacity). The current “dumping fee” is around 10 €/ton (Agentschap,

2011), which is not profitable for the companies that manage these facilities. With the

implementation of the new landfill tax it is expected that more multinational companies

operate in the market for other waste treatment solutions, and that waste recycling

becomes more appealing.

The municipal waste energy recovery has to reach 10% by 2020. There is still no

Municipal Solid Waste incineration facility in Romania performing under the EU standards.

One of the reasons for this circumstance is the fact that the waste has a high humidity

level decreasing its calorific value. Concerning municipal waste, investments are being

made on the first municipal incinerator in Bucharest and there is interest in building other

incinerators in other cities. Until 2017, Romania has to build the basis of a modern waste

management system (Agentschap, 2011).

Although there is no municipal waste incinerator to date in Romania, according to

Agentschap (2011) “it is estimated that the co-incineration capacity and potential demand

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Task 3 – Financial Flows

3. Urban Waste Services Operators

21

for Refuse Derived Fuel (RDF) at the cement kilns is ten times higher than the quantities

currently available, therefore there are incentives for the companies within the sector to

invest in the production of RDF and in selective collection”.

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Task 3 – Financial Flows

4. Licensed Entities for Managing the Logistics Chain of Packaging Waste

22

4. Licensed Entities for Managing the

Logistics Chain of Packaging Waste

4.1 Eco-Rom Ambalaje

In Romania, there are seven companies with the responsibility for managing the

packaging waste generated by the industry. Among them, the most important are EcoRom

Ambalaje and Ecologic 3R (Agentschap, 2011). The companies are the following:

Eco-Rom Ambalaje;

Ecologic 3R;

Intersemat;

Sota Group;

Eco X;

Eco Pack Management;

Respo Waste.

Eco-Rom Ambalaje (Eco-Rom) is an organisation founded by a group of companies1 with

the objective of taking on the responsibility of the industry for packaging waste arising

from the respective products placed on the market. To fulfil the recovery and recycling

national objectives set on the national legal framework, Eco-Rom introduced the Green

Dot System in the country. Table 7 presents Eco-Rom’s key figures for the year of 2010.

1 Argus S.A., Ball Packaging Europe, Chipita Romania S.R.L., Coca-Cola HBC S.R.L., Heineken S.A., Mars

Romania S.R.L., Munplast S.A., Quadrant Amroq Beverages S.A., Romaqua Group S.A., Tetra Pack Romania

S.R.L., Titan S.A., Unilever South Central Europe S.R.L.

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Task 3 – Financial Flows

4. Licensed Entities for Managing the Logistics Chain of Packaging Waste

23

Table 7 – Eco-Rom´s key figures (2010)

Starting activity (year) 2004

Members (no.) 1.809

Waste management operators (no.) 190

Packaging introduced on the market by Eco-Rom’s clients (tonnes)

617.103

Packaging waste collected through household selective collection (tonnes)

22.000

Packaging waste recycled through Eco-Rom Ambalaje system (tonnes)

331.781

Source: Eco-Rom, 2011c

Eco-Rom’s clients are the economic operators that are required by law to recover and

recycle the packaging waste arising from their products introduced on the market. Clients

have to pay a fee based on the weight and the material of the packaging placed on the

market. To achieve the national recycling and recovery targets for the packaging waste

under the responsibility of Eco-Rom, they have contracts with waste management

companies. Eco-Rom Ambalaje partially supports the costs of selective collection,

performed by the local authorities, signing a contract with waste operators. The help

include some equipment (containers, bags, communications forms), a fee paid per tonne

sorted, consultancy and technical services. Eco-Rom also organises and finances

awareness campaigns among the population (PRO-Europe, 2010).

Regarding the national (legal) recycling and recovery targets, Eco-Rom has exceeded

them for all type of materials (see Table 8).

In 2010 there were 93 selective collection systems (8.111 containers) in 72 towns and 78

municipalities in Romania supported by Eco-Rom (Eco-Rom, 2011). In this year, Eco-Rom

had 1.809 clients and have had signed contracts with 190 waste management operators

in the packaging waste management system. Of a total of 617.103 tonnes of packaging

placed on the market by its clients, 331.780 tonnes were recovered, representing 53,7%

of the total packaging (see Table 9). Eco-Rom is working on these values to provide

similar information for 2011 to be included in its annual report.

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Task 3 – Financial Flows

4. Licensed Entities for Managing the Logistics Chain of Packaging Waste

24

Table 8 – Eco-Rom’s recycling and recovery rates in 2010

Type of material Legal recycling and

recovery objective (%)

Eco-Rom Ambalaje Achievement

(%)

Glass 44 70

Plastic 14 34

Paper and cardboard 60 79,5

Metal 50 87

Wood 12 21

Total recycled 42 52,7

Total recovered 48 53,7

Source: Eco-Rom, 2011a

Table 9 – Recycled quantities by material (2010)

Material

Packaging introduced on the internal market (tonnes)

Packaging waste managed (tonnes)

Total Primary

packaging Total Recycled

Glass 102.341,61 102.341,61 72.007,26 72.007,26

Plastic 200.357,95 150.667,55 68.292,18 68.292,18

Paper and cardboard 168.995,68 84.497,22 134.411,63 134.411,63

Metal

Aluminium 14.324,37 13.178,43 2.320,44 2.320,44

Steel 15.772,93 13.407,02 23.870,18 23.870,18

Total 30.097,30 26.585,45 26.190,62 26.190,62

Wood 115.310,84 0 30.879,25 24.360,45

Total 617.103,41 364.092,82 331.780,94 325.262,14

Source: Eco-Rom, 2011a

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Task 3 – Financial Flows

5. Economic and Financial Aspects

25

5. Economic and Financial Aspects

Through the “Responsibility Takeover Contract”, Eco-Rom Ambalaje takes over the

economic operators’ responsibility regarding packaging waste recovery and recycling

obligations. The economic operators have to provide to Eco-Rom documents which

support the traceability of packaging waste. If the economic operators do not fulfil this

requirement, they will have to pay a contribution of 0,48 €/kg to the Environment Fund

Administration. Eco-Rom’s clients have the right to use the Green Dot logo in their

packaging, certifying the consumer that the packaged products include a financial

contribution for the recovery of packaging waste. The green dot fees are indicated in

Table 10 and 11. The economic operators pay for the type of packaging (material) and

quantity introduced on the market every year.

Table 10 – Eco-Rom license fees for 2011

Packaging Material €/ton

Glass 18,01

PET 31,19

Plastics 12,63

Cardboard paper 13,27

Steel 11,15

Aluminium 23,35

Wood 11,15

Source: PRO-Europe, 2011

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Task 3 – Financial Flows

5. Economic and Financial Aspects

26

Table 11 – Eco-Rom license fees for 2012

Packaging Material RON/ton => €/t

Glass 85,09 => 19,60

PET 144,07 => 33,19

Plastics 63,19 => 14,55

Cardboard paper 63,03 => 14,52

Steel 53,88 => 12,41

Aluminium 133,9 => 30,85

Wood 46,81 => 10,78

(1 € = 4,34 RON)

The companies authorized to perform waste management operations (collection, sorting,

recovery and recycling) from households or from the industrial flow can be part of the Eco-

Rom´s waste management system and receive financial support from it. These companies

can benefit from a long-term contract which brings some stability (compensating the

instability of the secondary raw materials market) in exchange for documentation that

certifies the waste quantities managed and recycling/recovery operations.

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Task 3 – Financial Flows

6. Current Situation

27

6. Current Situation

In 2009, around 396 kg of municipal waste were generated per inhabitant in Romania,

meaning that each inhabitant produces more than 1 kg per day.

Source: Eurostat, 2011a

Figure 3 – Municipal waste produced (kg per capita)

According to ANPM (2010), in 2009, 57% of household waste composition was

biodegradable (on average). Figure 4 shows that not all municipal waste produced is in

fact collected.

326

278

314

355 341

384 350 345

378 389

379 392 396

0

50

100

150

200

250

300

350

400

450

19

97

19

98

19

99

20

00

20

01

20

02

20

03

20

04

20

05

20

06

20

07

20

08

20

09

Municipal Waste (kg/inh)

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Task 3 – Financial Flows

6. Current Situation

28

Source: Eurostat (2011a)

Figure 4 – Municipal waste produced and collected (103 of tonnes)

Regarding the population that is not served by waste services, the waste generated and

not collected (calculated according to generation indices established by the Regional

Waste Management Plans) was 0,9 kg / person / day in urban areas and 0,4 kg / person /

day in rural areas. In 2009, the estimated quantity of waste generated and not collected

was approximately 1,5 million tonnes (ANPM, 2012b).

Table 12 – Municipal waste collection and treatment (thousands of tonnes)

Year Waste

generated Landfill Incineration Recycling

2004 7.483 5.918 79% 0 83 1%

2005 8.173 6.413 78% 0 145 2%

2006 8.392 6.294 75% 0 41 0%

2007 8.161 6.122 75% 0 36 0%

2008 8.439 6.486 77% 0 75 1%

2009 8.507 6.538 77% 0 76 1%

Source: Eurostat, 2011a

From Table 12, we observe that 77% of the waste generated was landfilled and only 1%

of municipal waste collected was recycled in 2009.

0

2.000

4.000

6.000

8.000

10.000

2004 2005 2006 2007 2008 2009

Municipal waste generated Municipal waste collected

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Task 3 – Financial Flows

6. Current Situation

29

In 2009, the packaging waste production decreased, comparing with the previous years.

Packaging waste is composed mainly of paper/cardboard and plastic. The material with

the lowest percentage is the metal (see Table 13 and Figure 5).

Table 13 – Packaging waste produced by material (thousands of tonnes)

Year Paper/

Cardboard Plastic Wood Metal Glass Other Total

2005 270 (24%) 332 (29%) 137 (12%) 103 (9%) 249 (22%) 49 1.141

2006 412 (31%) 355 (27%) 181 (14%) 73 (6%) 285 (22%) 3 1.309

2007 387 (30%) 375 (29%) 213 (17%) 76 (6%) 233 (18%) 3 1.287

2008 352 (30%) 333 (28%) 216 (18%) 76 (6%) 193 (16%) 2 1.171

2009 272 (27%) 294 (29%) 188 (19%) 63 (6%) 180 (18%) 2 999

Source: Eurostat, 2011b

Figure 5 – Packaging waste produced by material (thousands of tonnes)

In 2009, there was an important decrease in packaging waste produced (15% when

compared to 2008). There was also an important increase in recovery and recycling rates

(see Figures 6 and 7). As 60% of the packaging waste is generated by households

(Agentschap, 2011), the selective collection plays an important role. The overall recovery

rate for packaging waste in 2009 was around 46,7% (Figure 6), lower than the target of

60% imposed by the PPW Directive to be attained by the end of the year 2013, although

higher than the national target for that year (2009).

0 500 1.000 1.500

2005

2006

2007

2008

2009 Paper

Plastic

Wood

Metals

Glass

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Task 3 – Financial Flows

6. Current Situation

30

Source: Eurostat, 2011b

Figure 6 – Recovery rate for packaging waste by material (%)

Source: Eurostat, 2011b

Figure 7 – Recycling rate for packaging waste by material (%)

In 2009, the recycling targets imposed by the PPW Directive had already been reached

for paper, metals and plastic. The other materials (glass and wood) did not achieve them.

They did, however, exceed the national targets. The national recycling and recovery

global targets for packaging waste in 2008 and 2009 were attained, corresponding to

0

10

20

30

40

50

60

70

80

90

Paper Plastic Wood Metals Glass Global

2005

2006

2007

2008

2009

Directive2004/12/CE

0

10

20

30

40

50

60

70

80

90

Paper Plastic Wood Metals Glass Global

2006

2007

2008

2009

Directive2004/12/CE

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Task 3 – Financial Flows

6. Current Situation

31

33,5% and 40,7%, in 2008, and 40,5% and 46,7%, in 2009, for recycling and recovery,

respectively. Figure 8 presents the national objectives and the real rates for recycling /

recovery.

Source: Eurostat (2011b)

Figure 8 – Romanian national objectives and recycling/recovery rates

Although the national recycling and packaging waste recovery targets have been met,

according to TWB (2011), less than 5% of waste was recycled in 2010.

18%

26% 26%

33%

38% 42%

46%

50%

55%

22%

32% 34%

40%

45% 48%

53%

57% 60%

0

10

20

30

40

50

60

70

2005 2006 2007 2008 2009 2010 2011 2012 2013

Recycling objective Recovery objective Recovery Recycling

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Task 3 – Financial Flows

7. Conclusions

32

7. Conclusions

The European framework directive on waste 2008/98/EC is currently in the process of

being transposed into Romanian legislation. Also the National Strategy for Waste

Management, the National and Regional Plans for Waste Management are planned to be

revised in the same period (Agentschap, 2011).

Municipal waste is mainly collected in a non-selective system. In fact, not all the

population is served by waste collection services; According to the Eco-Rom (2011a) only

4 million inhabitants (approx. 20% of the total population) have access to the selective

collection system.

Landfilling is the most commonly used municipal waste treatment. In 2009, 77% of the

municipal waste was landfilled. To date there is no municipal waste incineration facility in

the country.

Regarding to packaging waste, the PPW Directive´s recycling targets for the year of 2008

have been met. Moreover, the recycling and recovery national targets have been also met

in the last years. In fact, currently, there are seven companies responsible for managing

the packaging waste contributing for the development of the selective collection systems

of packaging waste and the fulfilment of the objectives set by the PPW Directive.

In recent years, Romania has made a significant progress as far as waste management is

concerned; however, there is still a “long way to go”. Regarding waste disposal, there are

several landfills to be constructed (and there are non-compliant landfills to be closed) and

selective waste collection systems to be implemented. The packaging waste recycling

target of 55 % until the end of 2013 is ambitious, knowing that less than 5% of waste was

recycled in 2010 (TWB, 2011).

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Task 3 – Financial Flows

7. Conclusions

33

Romanian waste laws, harmonised with the EU legislation, have had a positive impact in

recent years; however, to ensure full compliance with EU standards, several investments

on infrastructure and also awareness campaigns to ensure the commitment of the citizens

are required and have to be carried out.

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Task 3 – Financial Flows

References

34

References

Agentschap (2011). Waste Management Research in Romania. NL Agency, Ministry of

Economic Affairs, Agriculture and Innovation, The Hague, Netherlands.

ANPM (2011). National Agency for Environmental Protection. http://www.anpm.ro/.

(accessed on 24-11-2011).

ANPM (2012a). Situaţia Depozitelor Municipale Conforme- Mai 2010. Available at:

http://www.anpm.ro/upload/3746_Depozite%20municipale%20conforme%20-

%20la%2030.05.2010.pdf.

ANPM (2012b). Raport anual privind Starea Mediului în România pe anul 2010. Available

at: http://www.anpm.ro/upload/48601_6%20Cap%206%20Managementul%20

Deseurilor.2010.pdf.

BiPRO (2011). The new Waste Framework Directive.The organisation of awareness-

raising events on the application of Community legislation related to the new Waste

Framework Directive (2008/98/EC), within Assessment and guidance for the

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