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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 26, 2022 No. 731

About approval of the Regulations on management of waste oils

Based on part (15) Article 12 and part (6) article 52 of the Law No. 209/2016 on waste (The official monitor of the Republic of Moldova, 2016, Art. No. 459-471, 916), with subsequent changes, DECIDES: the Government

1. Approve Regulations on management of waste oils it (is applied).

2. To assign implementation of monitoring and implementation of this resolution to the Agency of the environment.

3. To impose control of execution of this resolution on the Ministry of the environment through the Inspectorate on environmental protection.

4. This resolution becomes effective after six months from the date of publication in the Official monitor of the Republic of Moldova.

Prime Minister

Natalya Gavrilitsa

Countersign:

Deputy Prime Minister, Minister of Foreign Affairs and European Integration

 

Nikolay Popescu

Minister of Agriculture and food industry

Volodymyr Bol

 

Approved by the Order of the Government of the Republic of Moldova of October 26, 2022 No. 731

Regulations on management of waste oils

The provision shifts Article 3 (3) and (18); Article 8 (3); article 8a (1) Items (a) - (c) and (4); Articles 13, 19, 21, Article 35 (1) and Article 36 (1) Directives No. 2008/98/EU of the European Parliament and Council of November 19, 2008 about waste and about the cancellation of number of directives published in the Official magazine of the European Union by L 312 of November 22, 2008, with the last changes made by the Directive (EU) No. 2018/851 of the European Parliament and Council of May 30, 2018 about modification of the Directive No. 2008/98/EU on waste, and also appendix VI to the Decision on application (EU) No. 2019/1004 of the Commission of June 7, 2019 about introduction of regulations of calculation, check and data message on waste according to the Directive No. 2008/98/EU of the European Parliament and Council and on cancellation of the Decision on application of C (2012) 2384 Commissions [notified at number C (2019) 4114], published in the Official magazine of the European Union 163/66 of June 20, 2019.

I. General provisions

1. The regulations on management of waste oils (further - the Provision) establish requirements for proper ecological management of the waste oils which are formed at the national level by application of rules of expanded liability of the producer according to provisions of articles 12 and 52 of the Law No. 209/2016 on waste, with observance of international treaties in the field of the environment which party the Republic of Moldova is.

2. The purpose of the Provision consists in providing:

1) collection of waste oils and their further processing without risks for health of the person and the environment;

2) functioning of ecological management system and control of activities for processing and transportation of waste oils;

3) preventions and restrictions of air pollution, waters and soils, and restrictions of risks for health of the person as a result of processing and transportation of waste oils.

3. Waste oils are dangerous wastes owing to the properties characterizing them and are subject to management according to the requirements provided by articles 20-23 of the Law No. 209/2016 on waste.

4. The obligation of ensuring proper management of the amounts and types of waste oils formed as a result of the oils placed in the market according to requirements of the Provision, including financial participation in accomplishment of the obligations assigned to them in questions of expanded liability of the producer according to Item b provisions) parts is assigned to producers of oils (1) article 29 of the Law No. 209/2016 on waste.

5. According to part provisions (2) article 12 of the Law No. 209/2016 on waste producers of oils can carry out the obligations following from use of expanded liability of the producer, individually or collectively - by the introduction in the collective system authorized by the Agency of the environment.

6. Basic prohibitions in the course of ecological management of waste oils are provided in part (2) article 52 of the Law No. 209/2016 on waste.

7. This Provision is not applied to the waste oils containing the polychlorinated biphenyls or other similar connections in the concentration exceeding 50 parts per million (ppm), management of which is regulated by the Regulations on the polychlorinated biphenyls approved by the Order of the Government No. 81/2009.

8. For the purpose of this provision, in addition to concepts of the Law No. 209/2016 on waste, the concepts stated below are applied:

1) joint combustion of waste oils - method of alternative development for receipt of energy in case regeneration of oils technically is also economically inexpedient, and oils are used in fuel quality with recuperation of the developed heat;

2) the distributor - the physical person or legal entity of chain of supply trading oils in the national market. This determination does not exclude opportunity for the distributor to be at the same time producer as it is determined in the subitem 7);

3) combustion of waste oils - combustion of waste oils in the special installations called by burners with ensuring the high temperature of burning causing neutralization of waste using the equipment for deduction and clarification of gases;

4) ecological management of waste oils - set of feasible measures on ensuring management of waste oils according to their classification provided in appendix 1, by the method providing health protection of the person and the environment from undesirable effects which can arise from this waste;

5) regeneration of waste oil - recirculation process by means of which basic oils can be received by purification of waste oils, in particular by department of the contaminating impurity, products of oxidation and the additives containing in them;

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