Emergency Ordinance No. 92/2021 regarding the waste regime.

This Emergency Ordinance sets out the rules for the management of waste within the national territory. Its primary objective is the protection of public health and the environment by establishing a systemic approach to the handling of materials and substances throughout their lifecycle. The Ordinance identifies specific categories of waste to which these rules apply while explicitly excluding others, such as gaseous effluents and certain animal by-products, which fall under separate legal jurisdictions.
This Ordinance establishes a rigid hierarchy for waste management. This hierarchy prioritizes the prevention of waste generation at the source, followed by preparation for reuse and recycling. Recovery for energy purposes and final disposal in landfills are treated as subordinate options, to be used only when higher-level interventions are technically or economically unfeasible. This structure shifts the operational focus from simple disposal to the maintenance of material value.
The Ordinance introduces a rigorous system of separate collection for specific waste streams, namely paper, metal, plastic, glass, and organic bio-waste. It mandates that both public and private entities ensure these materials are not mixed during collection or transport, as purity is essential for effective treatment. To ensure compliance, the Law relies on the "polluter pays" principle, which allocates the financial and logistical burden of waste management to those who generate it or place products on the market.
Traceability is a mandatory requirement under this Ordinance, enforced through a detailed system of records and reporting. Every entity involved in the generation, transport, or treatment of waste must maintain chronological registries and report data to the national environmental authorities. This digital and physical paper trail is designed to prevent illegal dumping and ensure that waste follows authorized routes to certified recovery or disposal facilities.
To ensure the effectiveness of these mandates, the Ordinance provides the legal basis for significant administrative and criminal sanctions. It prohibits the burning, burying, or abandonment of waste in the environment and empowers specialized agencies to conduct inspections and issue fines. In cases of severe non-compliance, such as illegal transboundary shipments or unauthorized waste disposal that impacts natural resources, the Ordinance allows for the seizure of vehicles and the initiation of criminal proceedings.
Finally, the Ordinance delineates the responsibilities of local and central administrative authorities. Municipalities are required to organize the sanitation services provided to citizens, while central agencies are tasked with drafting national management plans and monitoring performance indicators.