New legislative requirements regarding waste oil management have come into force

In the last quarter of 2022 it was published Government Decision no. 731/2022 of 26.10.2022 for the approval of the Regulation on the management of used oils and which  enter into force today, 25.05.2023.  The regulation establishes the requirements for the appropriate ecological management of used oils (UU) generated at the national level, by applying the extended producer responsibility regime, in accordance with the provisions of art. 12 and 52 of Law no. 209/2016 on waste, in compliance with international environmental agreements to which the Republic of Moldova is a party.

The purpose of the Regulation is to ensure:

• collection of used oils and their subsequent treatment without risk to human health and the environment;
• the operation of an ecological system for the management and control of waste oil treatment and transport activities;
• prevention and limitation of air, water and soil pollution and limitation of risks to human health as a result of the treatment and transport of used oils.

The provisions of the regulation apply to all mineral oils or synthetic lubricants or industrial oils which have become unfit for the use for which they were originally intended, such as used oils from combustion engines and transmission systems, lubricating oils, turbine oils and for hydraulic systems.

CAREFUL!

Producers of oils newly entering the market and existing producers, who have placed oils on the market until the date of entry into force of this Regulation, are obliged to register, through the Automated Information System "Waste Management", in the List of producers of subject products the extended producer responsibility regulations (hereinafter – List of producers), in accordance with the provisions of art. 12 para. (5) lit. c) from Law no. 209/2016 on waste.

In accordance with the provisions of the Regulation, the Application for registration in the List of producers shall be submitted to the Environmental Agency in electronic format, through the automated "Waste Management" information system, accompanied by the following documents:

Step 1. Login to the portal www.siamd.gov.md  (actions for which the producer needs the electronic signature)

Step 2. After authentication, it will be accessed "User Profile" and the option will be selected "Add Enterprise" (just if the enterprise is not already registered in SIA MD). After creating the profile and adding the company respectively, 5 buttons will appear on the screen. To proceed to the next step, select the option "Registration in the List of REP manufacturers" and then the option will be selected "Registration in REP"

Step 3. After accessing the option "Registration in REP", an interface will open with all 5 processing stages, of which only 2 will be completed by the Manufacturer: "Identification" through which the type of waste subject to REP will be selected (it will be chosen used oils) and  "Completing the application" by which all the necessary documents will be attached as listed above and in point 12 of the Regulation.

Over 400 REP schemes are working around the world and there is sufficient experience of the minimum requirements for a successful REP. In the case of waste oils, REP schemes operate in countries such as Bulgaria, Spain, Greece, Italy, Poland and Portugal. These schemes must operate under clear and transparent rules for all stakeholders and ensure an adequate level of competition to avoid the creation of monopolies. These schemes must ensure an equal and non-discriminatory approach between producers of oils placed on the market; between collective producer responsibility systems; and between authorized operators for waste oil management.

Within 10 working days, the MA will make a decision on the approval of the OP, during which time it can request clarifications and information necessary to allow a substantial evaluation of the operating plan. If the documents submitted are compliant, the MA releases registration number for oil producers. Registration of producers in the List of producers is valid for a period of 5 years.