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LAW OF THE REPUBLIC OF MOLDOVA

of July 29, 2016 No. 209

About waste

(as amended on 30-01-2025)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject and scope

(1) This law establishes the legal basis, state policy and necessary environmental measures and health of the population by prevention or reduction of the negative impact caused by education and waste management and reducing general impact of expenditure of resources, and also increase in efficiency of their use, maintaining social stability and the economic acceptability for ensuring transition to economy of the closed cycle.

(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) Provisions of this law do not extend on:

a) gaseous emissions in the atmosphere;

b) the soil (in the location), including not cured contaminated soil and firmly the structures connected with the earth;

c) the uncontaminated soil and other natural materials extracted in the course of construction works if these materials are held for use in their natural state on the site from where they were taken;

d) radioactive waste;

e) the deactivated explosives;

f) fecal materials if they do not fall under action of Item b) parts (3), the straw and other harmless natural materials of agricultural or forestry and landscape origin and materials used in rural or forestry or for energy production from biomass safe for the environment and health of the population by methods or methods.

(3) In part in which are regulated by other legal acts are excluded from scope of this law:

a) sewage;

b) offal of animal origin, including the processed products, except for the products which are subject to burning, warehousing or use in installations for biogas production or compost;

c) carcasses of the died animals except for slaughtered including carcasses of the animals destroyed for the purpose of eradication of the epizooty and destroyed according to regulations of the veterinary and sanitary legislation;

d) the waste which is formed as a result of researches, production, conversion and storage of mineral resources, and also operation of pits.

(4) Without prejudice to the obligations provided by other applicable legal acts, the deposits placed in surface water for the purpose of water resources management and waterways or prevention of floods, mitigation of the consequences of floods and drought or sanitary cleaning of lands do not fall under operation of this law in the presence of proofs that these deposits are harmless.

(5) Management of certain categories of waste is regulated by other legal acts and regulations approved by the Government developed based on this law and international treaties which party is the Republic of Moldova.

Article 2. Concepts

For the purpose of this law the following concepts are used:

1) permission to waste management – the allowing document issued by the Agency of the environment subordinated to the Ministry of the environment, resolving implementation of activities for waste management according to this law;

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) biological waste – biologically decomposed landscape gardening waste, food wastes or kitchen garbage of households, restaurants, catering firms or shops of retail trade comparable to the waste received at the companies for conversion of food products; 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;

3) the broker – any physical person or legal entity which is engaged in conversion or waste disposal for others, including brokers who are not the actual owners of waste;

4) the best available methods (BAM) – the most advanced and effective developments registered at this stage of development for different types of activities, processes and methods of functioning which testify to practical feasibility of use of certain methods as base for establishment of maximum permissible emissions / dumpings of pollutants, and also other conditions of issue of permission for the purpose of prevention of pollution or if prevention is impossible, for reducing emissions/dumpings and impact on the environment in general:

a) methods – include as the used technology, and methods of designing, construction, servicing, operation, and also conclusion from operation of installation and measure for recovery of the site according to the legislation in the field of environmental assessment;

b) available – belong to the methods which reached the level allowing to implement them in the relevant sector of the industry on condition of economic and technical justification taking into account costs and benefits regardless of whether these methods at the national level, and on condition of their availability to the operator on acceptable conditions are used and take root;

c) the best – belong to the most effective methods of achievement of high level of environmental protection in general.

5) collection – withdrawal of waste, including their sorting and preliminary storage for transportation to installation on processing provided that the storage duration of waste in installation on collection of waste does not exceed nine months;

6) separate collection – withdrawal during which waste, similar on structure and characteristics, are stored separately for the purpose of simplification of process of their specific processing;

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 permission to waste management issued by the Agency of the environment for realization of waste according to part (9) Article 25;

8) polygon of waste – the place of export of waste for the purpose of their placement on the Earth's surface or underground (underground storage warehouses), including:

– internal rooms for export of waste (the producer of waste builds own storage for waste disposal on site of their production); and

– permanent places (for the term of more than one year) which are used for temporary storage of waste.

Do not treat polygons of waste:

a) sites of unloading of waste for ensuring their preparation for further transportation for the purpose of recuperation, processing or export to other place;

b) sites of storage of waste before their recuperation for the purpose of processing for the term of, as a rule, no more than three years or before export for the term of no more than one year.

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) waste – any substances or objects which the owner throws out or intends or shall throw out;

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

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;

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

11) dangerous wastes – the waste having one or several dangerous properties listed in appendix 3, and belonging to the category of dangerous wastes from the List of waste approved by the Order of the Government No. 99/2018;

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

12) the owner of waste – the producer of waste or physical person or legal entity in which ownership they are;

13) removal – the activities other than transaction for conversion of waste even if one of by-product is recuperation of substances or energies. Appendix 1 contains list of transactions on removal;

14) the analysis of product lifecycle – environmental impact assessment as a result of production, distribution, sale and use of product, including its conversion and removal, including energy use, the raw materials and waste which are formed when implementing any of the specified types of activity;

15) waste management – collection, transportation, conversion and waste disposal, including supervision of these transactions and the subsequent servicing of places for removal, including the actions which are carried out by the businessman or the broker;

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 of appendix 3-1, 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) preparation for reutilization – transaction on check, cleaning or conversion by means of repair as a result of which the products or their components which acquired the status of waste are prepared for reutilization without any other transaction on preliminary processing;

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;

17) prevention – the measures taken before substance material or product become waste, for the purpose of reducing:

a) the number of waste, including by reutilization of products or prolongation of their lifecycle;

b) negative impact which is made by waste on the environment and health of the population; or

c) hazardous substance content in materials and products.

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 23-1 in the place determined for this purpose are formed;

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;

19) recirculation – any transaction on conversion of waste by means of which waste will be transformed to products, the materials or substances intended for accomplishment of the initial functions or for their use in other purposes. This concept includes repeated processing of organic materials, except for receipts of energy and conversion for the purpose of use of materials in fuel quality or for transactions on backfilling;

20) recuperation – any transaction by means of which material or substance which otherwise would be lost is recovered/is extracted again;

21) regeneration of waste oils – 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;

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;

22) reutilization – any transaction by means of which the products or their components which did not become waste are reused in the same purposes for which were made;

22-1) 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;

23) processing – transactions on conversion or removal, including the preliminary preparation preceding conversion or removal;

24) waste oils – all types of mineral oils or synthetic lubricants or technical oils which became unsuitable for initial purpose;

25) conversion – any transaction as a result of which waste serves the useful purpose by replacement of other materials which would be used in particular purposes or waste is prepared for the answering purpose at the companies or in economy in general. The List of transactions on conversion of waste is given in appendix 2;

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.

Article 3. Hierarchy of waste management and method of its application

(1) the Hierarchy of waste management applied within the legislation and policy in the field of prevention of formation of waste and management by them builds the following directions as priorities:

a) prevention;

b) preparation for reutilization;

c) recirculation;

d) other transactions on conversion, including receipt of energy;

e) removal.

(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).

(2) Use of the hierarchy of waste management specified in part (1), and its observance are obligatory for all subjects involved in waste management, 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.

(3) According to part (2) concerning some specific flows of waste use of hierarchy of waste management can undergo changes on the basis of analytical assessment of lifecycle in respect of global effects of formation of such waste and management of them.

(4) the Ministry of the environment provides transparency of process of development of legal acts and policy in the field of waste management according to the Law on transparency of decision making process No. 239-XVI of November 13, 2008.

(5) In case of use of hierarchy of waste management the general principles of environmental protection, precaution and stability, technical justification and economic profitability, protection of resources, and also general impact on the environment, health of the population, economy and society according to provisions of Articles 1 and 4 are considered.

(6) Producers of waste, irrespective of form of business (the company, the organization, public organization and organization of welfare appointment) in which subordination more than 10 workers, in addition to the obligations specified in this law develop also implement actions for prevention of formation of waste and apply hierarchy of management of them, including on separate collection of the waste formed in the course of their activities. Are applied to medical institutions of provision of this part irrespective of number of persons employed.

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 technology 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.

(7) the Physical persons and legal entities performing economic activity manage process of composting so that to provide aerobic microbic decomposition of organic substances without formation of smell or emissions of methane. The composting of biological material of animal origin can be performed only on the installation authorized according to article 25 of this law and meeting the requirements of conversion of offal of animal origin according to the Law on the offal of animal origin and derivative products which are not intended for consumption by the person, No. 129/2019. Compost which is not used in their activities is considered withdrawal along with other waste of composting.

(8) Producers, importers, owners of waste and operators of installations and/or types of activity on waste management when implementing the activities provide observance of measures for prevention of formation of the waste and to management of them provided by the National program for waste management and apply in the activities priorities on prevention of formation of waste and waste management.

(Operators of installations and/or types of activity on waste management shall provide 9) that types of their activities for waste management and any information which they provide to the public about these types of activity corresponded to priority sequence on prevention of formation of waste and management of them.

(The Physical persons and legal entities performing economic activity develop 10) and support information campaigns for the purpose of drawing attention of the public to prevention of formation of waste and their removal according to part (6) Article 3.

Article 4. Environmental protection and health of the population

When implementing activities for waste management methods and processes which do not pollute the environment are applied and competent authorities, according to this law do not threaten health of the population, and, control complex of actions for conversion and waste disposal and make efforts they:

a) did not do harm to water resources, atmospheric air, the soil, flora and fauna;

b) did not cause noise pollution or did not extend unpleasant smell;

c) did not make negative impact on landscape or the protected natural territories.

Article 5. Offal

(1) the Substances or objects which are accidentally received as a result of the production process which is not connected with their production are not waste as it is determined in Item 9) of Article 2, and are recognized offal if:

a) further use of substance or the corresponding subject is determined;

b) substance or subject can be used directly, without any additional conversion except for provided by customary work practice;

c) production of substance or subject is integral part of production process; and

d) further use is legal, that is substance or subject conforms to all necessary production and ecological requirements and requirements for public health care for specific use and does not cause global effects for the environment or health of the population.

(2) the Owner of offal draws up the accompanying documentation confirming compliance to the conditions provided by part (1), being obliged to transfer offal to other person with the accompanying documentation.

(3) Contents of the accompanying documentation, criteria and the procedure of check of compliance of the substance or subject which is considered as offal according to the conditions provided by part (1), are established by the Government.

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