# EUR-Lex - 12005SPN07/09/B - EN

Important legal notice

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# 12005SPN07/09/B

**Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union - 9.Environment - B.Waste management **

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Official Journal L 157 , 21/06/2005 P. 0158 - 0166 *

B. WASTE MANAGEMENT

1. 31993 R 0259: Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ L 30, 6.2.1993, p. 1), as last amended by:

- 32001 R 2557: Commission Regulation (EC) No 2557/2001 of 28.12.2001 (OJ L 349, 31.12.2001, p. 1).

(a) Until 31 December 2015, all shipments to Romania of waste for recovery listed in Annex II to Regulation (EEC) No 259/93 shall be notified to the competent authorities and processed in conformity with Articles 6, 7 and 8 of the Regulation.

(b) By way of derogation from Article 7(4) of Regulation (EEC) No 259/93, until 31 December 2011 the Romanian competent authorities may raise objections to shipments to Romania for recovery of the following wastes listed in Annex III in conformity with the grounds for objection laid down in Article 4(3) of the Regulation. Such shipments shall be subject to Article 10 of the Regulation.

AA. METAL-BEARING WASTES

- AA 060 Vanadium ashes and residues

- AA 080 Thallium waste, scrap and residues

- AA 090 Arsenic waste and residues

- AA 100 Mercury waste and residues

- AA 130 Liquors from the pickling of metals

AB. WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND ORGANIC MATERIALS

- AB 010 Slag, ash and residues, not elsewhere specified or included

- AB 020 Residues arising from the combustion of municipal/household wastes

- AB 030 Wastes from non-cyanide based systems which arise from surface treatment of metals

- AB 040 Glass waste from cathode-ray tubes and other activated glasses

- AB 050 Calcium fluoride sludge

- AB 060 Other inorganic fluorine compounds in the form of liquids or sludge

- AB 080 Spent catalysts not on the green list

- AB 090 Waste hydrates of aluminium

- AB 110 Basic solutions

- AB 120 Inorganic halide compounds, not elsewhere specified or included

AC. WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS

- AC 040 Leaded petrol (gasoline) sludges

- AC 050 Thermal (heat transfer) fluids

- AC 060 Hydraulic fluids

- AC 070 Brake fluids

- AC 080 Antifreeze fluids

- AC 090 Waste from production, formulation and use of resins, latex, plasticisers, glues and adhesives

- AC 100 Nitrocellulose

- AC 110 Phenols, phenol compounds including chlorophenol in the form of liquids or sludges

- AC 120 Polychlorinated naphthalenes

- AC 140 Triethylamine catalyst for setting foundry sands

- AC 150 Chlorofluorocarbons

- AC 160 Halons

- AC 190 Fluff-light fraction from automobile shredding

- AC 200 Organic phosphorous compounds

- AC 210 Non-halogenated solvents

- AC 220 Halogenated solvents

- AC 230 Halogenated or unhalogenated non-aqueous distillation residues arising from organic solvent recovery operations

- AC 240 Wastes arising from the production of aliphatic halogenated hydrocarbons (such as chloromethanes, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride and epichlorhydrin)

- AC 260 Liquid pig manure, faeces

- AC 270 Sewage sludge

AD. WASTES, WHICH MAY CONTAIN EITHER INORGANIC OR ORGANIC CONSTITUENTS

- AD 010 Wastes from the production and preparation of pharmaceutical products

- AD 020 Wastes from the production, formulation and use of biocides and phytopharmaceuticals

- AD 030 Wastes from the manufacture, formulation and use of wood-preserving chemicals

Wastes that contain, consist of or are contaminated with any of the following:

- AD 040 Inorganic cyanides, excepting precious metal-bearing residues in solid form containing traces of inorganic cyanides

- AD 050 Organic cyanides

- AD 080 Wastes of an explosive nature, when not subject to specific other legislation

- AD 110 Acidic solutions

- AD 120 Ion exchange resins

- AD 130 Single-use cameras with batteries

- AD 140 Wastes from industrial pollution control devices for cleaning of industrial off-gases, not elsewhere specified or included

- AD 150 Naturally occurring organic material used as a filter medium (such as bio-filters)

- AD 160 Municipal/household wastes

- AD 170 Spent activated carbon having hazardous characteristics and resulting from its use in the inorganic chemical, organic chemical and pharmaceutical industries, waste water treatment, gas/air cleaning processes and similar applications

This period may be extended until no later than 31 December 2015 under the procedure defined in Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste [16] as amended by Council Directive 91/156/EEC [17].

(c) By way of derogation from Article 7(4) of Regulation (EEC) No 259/93, until 31 December 2011 the Romanian competent authorities may raise objections to shipments to Romania of waste for recovery listed in Annex IV to the Regulation and shipments of waste for recovery not listed in the Annexes to the Regulation in conformity with the grounds for objection laid down in Article 4(3) of the Regulation. This period may be extended until no later than 31 December 2015 under the procedure defined in Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste [16] as amended by Council Directive 91/156/EEC [18].

(d) By way of derogation from Article 7(4) of Regulation (EEC) No 259/93, the Romanian competent authorities shall object to shipments of waste for recovery listed in Annexes II, III and IV to the Regulation and shipments of waste for recovery not listed in those Annexes destined for a facility benefiting from a temporary derogation from certain provisions of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control [19], Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste [20], or Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants [21], during the period in which the temporary derogation is applied to the facility of destination.

2. 31994 L 0062: European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10), as last amended by:

- 32004 L 0012: Directive 2004/12/EC of the European Parliament and of the Council of 11.2.2004 (OJ L 47, 18.2.2004, p. 26).

(a) By way of derogation from Article 6(1)(a) of Directive 94/62/EC, Romania shall attain the overall rate for recovery or incineration at waste incineration plants with energy recovery by 31 December 2011 in accordance with the following intermediate targets:

- 32 % by weight by 31 December 2006, 34 % for 2007, 40 % for 2008, 45 % for 2009 and 48 % for 2010.

(b) By way of derogation from Article 6(1)(b) of Directive 94/62/EC, Romania shall attain the overall rate for recovery or incineration at waste incineration plants with energy recovery by 31 December 2013 in accordance with the following intermediate targets:

- 53 % by weight for 2011 and 57 % for 2012.

(c) By way of derogation from Article 6(1)(c) of Directive 94/62/EC, Romania shall attain the recycling target for plastics by 31 December 2011 in accordance with the following intermediate targets:

- 8 % by weight by 31 December 2006, 10 % for 2007, 11 % for 2008, 12 % for 2009 and 14 % for 2010.

(d) By way of derogation from Article 6(1)(d) of Directive 94/62/EC, Romania shall attain the overall recycling target by 31 December 2013 in accordance with the following intermediate targets:

- 26 % by weight by 31 December 2006, 28 % for 2007, 33 % for 2008, 38 % for 2009, 42 % for 2010, 46 % for 2011 and 50 % for 2012.

(e) By way of derogation from Article 6(1)(e)(i) of Directive 94/62/EC, Romania shall attain the recycling target for glass by 31 December 2013 in accordance with the following intermediate targets:

- 21 % by weight by 31 December 2006, 22 % for 2007, 32 % for 2008, 38 % for 2009, 44 % for 2010, 48 % for 2011 and 54 % for 2012.

(f) By way of derogation from Article 6(1)(e)(iv) of Directive 94/62/EC, Romania shall attain the recycling target for plastics, counting exclusively material that is recycled back into plastics, by 31 December 2013 in accordance with the following intermediate targets:

- 16 % by weight for 2011 and 18 % for 2012.

(g) By way of derogation from Article 6(1)(e)(v) of Directive 94/62/EC, Romania shall attain the recycling target for wood by 31 December 2011 in accordance with the following intermediate targets:

- 4 % by weight by 31 December 2006, 5 % for 2007, 7 % for 2008, 9 % for 2009 and 12 % for 2010.

3. 31999 L 0031: Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1), as amended by:

- 32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1).

(a) By way of derogation from Article 14(c) and points 2, 3, 4 and 6 of Annex I to Directive 1999/31/EC and without prejudice to Council Directive 75/442/EEC of 15 July 1975 on waste [22] and Council Directive 91/689/EEC of 12 December 1991 on hazardous waste [23], the requirements relating to water control and leachate management, protection of soil and water, gas control and stability shall not apply to 101 existing municipal landfills in Romania until 16 July 2017.

Romania shall ensure a gradual reduction of waste landfilled in these 101 existing non‐compliant municipal landfills in accordance with the following annual maximum quantities:

- by 31 December 2006: 3470000 tonnes;

- by 31 December 2007: 3240000 tonnes;

- by 31 December 2008: 2920000 tonnes;

- by 31 December 2009: 2920000 tonnes;

- by 31 December 2010: 2900000 tonnes;

- by 31 December 2011: 2740000 tonnes;

- by 31 December 2012: 2460000 tonnes;

- by 31 December 2013: 2200000 tonnes;

- by 31 December 2014: 1580000 tonnes;

- by 31 December 2015: 1420000 tonnes;

- by 31 December 2016: 1210000 tonnes.

(b) By way of derogation from Article 5(3)(a) and (b) and Annex I, point 2, second indent, to Directive 1999/31/EC and without prejudice to Article 6(c)(ii) of that Directive and Directive 75/442/EEC, the requirements for liquid, corrosive and oxidising waste, and as regards prevention of surface water entering into the landfilled waste shall not apply in Romania to the following 23 existing facilities until the date indicated for each facility:

Until 31 December 2007:

1. S.C. BEGA UPSOM Ocna Mureş, Ocna Mureş, Alba county

Until 31 December 2008:

2. S.C. TERMOELECTRICA SA - SE Doiceşti, Doiceşti, Dâmboviţa county

3. S.C. COMPLEXUL ENERGETIC ROVINARI SA, Cicani-Beterega, Gorj county

4. RAAN Drobeta-Turnu Severin - Sucursala ROMAG — TERMO, Drobeta-Turnu Severin, Mehedinţi county

Until 31 December 2009:

5. COMPLEXUL ENERGETIC CRAIOVA - SE Craiova, Valea Mănăstirii, Dolj county

6. COMPLEXUL ENERGETIC CRAIOVA - SE Işalniţa, Işalniţa II, Dolj county

7. COMPLEXUL ENERGETIC CRAIOVA - SE Işalniţa, Işalniţa I, Dolj county

8. S.C. ELECTROCENTRALE DEVA SA - SE Paroşeni, Căprişoara, Hunedoara county

9. S.C. TERMICA SA Suceava, Suceava, Suceava county

Until 31 December 2010:

10. S.C. ELECTROCENTRALE DEVA SA, Bejan, Hunedoara county

11. S.C. ALUM Tulcea, Tulcea, Tulcea county

Until 31 December 2011:

12. S.C. UZINA TERMOELECTRICĂ GIURGIU SA, Giurgiu, Giurgiu county

Until 31 December 2012:

13. CET Bacău, Furnicari — Bacău, Bacău

14. S.C. COMPLEXUL ENERGETIC TURCENI, Valea Ceplea, Gorj county

15. S.C. COMPLEXUL ENERGETIC TURCENI, Valea Ceplea, Gorj county

16. S.C. UZINELE SODICE Govora, Govora, Vâlcea county

17. S.C. CET Govora SA, Govora, Vâlcea county

Until 31 December 2013:

18. S.C. CET Arad, Arad, Arad county

19. S.C. ELECTROCENTRALE ORADEA SA, Sântaul Mic, Bihor county

20. S.C. ELECTROCENTRALE ORADEA SA, Sântaul Mic, Bihor county

21. S.C. ELECTROCENTRALE ORADEA SA, Sântaul Mic, Bihor county

22. CET II Iaşi, Holboca, Iaşi county

23. S.C. Uzina Electrică Zalău, Hereclean — Panic, Sălaj county

Romania shall ensure a gradual reduction of liquid waste landfilled in these 23 existing non‐compliant facilities in accordance with the following annual maximum quantities:

- by 31 December 2006: 11286000 tonnes;

- by 31 December 2007: 11286000 tonnes;

- by 31 December 2008: 11120000 tonnes;

- by 31 December 2009: 7753000 tonnes;

- by 31 December 2010: 4803000 tonnes;

- by 31 December 2011: 3492000 tonnes;

- by 31 December 2012: 3478000 tonnes;

- by 31 December 2013: 520000 tonnes.

(c) By way of derogation from Article 5(3)(a) and (b) and Annex I, point 2, second indent, to Directive 1999/31/EC and without prejudice to Article 6(c)(ii) of that Directive and Directive 75/442/EEC, the requirements for liquid, corrosive and oxidising waste, and as regards prevention of surface water entering into the landfilled waste shall not apply in Romania to the following 5 existing tailing ponds until the date indicated for each tailing pond:

Until 31 December 2009:

1. BĂIŢA Ştei, Fânaţe, Bihor county

Until 31 December 2010:

2. TRANSGOLD Baia Mare, Aurul-Recea, Maramureş county

3. MINBUCOVINA Vatra Dornei, Ostra-Valea Straja, Suceava county

Until 31 December 2011:

4. CUPRUMIN Abrud, Valea Şesei, Alba county

5. CUPRUMIN Abrud, Valea Ştefancei, Alba county.

Romania shall ensure a gradual reduction of liquid waste landfilled in these 5 existing non‐compliant tailing ponds in accordance with the following annual maximum quantities:

- by 31 December 2006: 6370000 tonnes;

- by 31 December 2007: 5920000 tonnes (of which 2100000 tonnes hazardous, 3820000 tonnes non-hazardous);

- by 31 December 2008: 4720000 tonnes (of which 2100000 tonnes hazardous, 2620000 non-hazardous);

- by 31 December 2009: 4720000 tonnes (of which 2100000 tonnes hazardous, 2620000 non-hazardous);

- by 31 December 2010: 4640000 tonnes (of which 2100000 tonnes hazardous, 2540000 non-hazardous);

- by 31 December 2011: 2470000 tonnes (all of which non-hazardous).

(d) By way of derogation from the second indent of Article 2(g) of Directive 1999/31/EC, and without prejudice to Directive 75/442/EEC and Directive 91/689/EEC, a permanent site which is used for temporary storage of hazardous waste generated within Romania will not be considered as a landfill in Romania until 31 December 2009.

Romania shall provide the Commission, by 30 June of each year starting with 30 June 2007, a report concerning the gradual implementation of the Directive and compliance with these intermediate targets.

4. 32002 L 0096: Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (OJ L 37, 13.2.2003, p. 24), as amended by:

- 32003 L 0108: Directive 2003/108/EC of the European Parliament and Council of 8.12.2003 (OJ L 345, 31.12.2003, p. 106).

By way of derogation from Articles 5(5) and 7(2) of Directive 2002/96/EC, Romania shall attain the rate of separate collection of at least four kilograms on average per inhabitant per year of WEEE from private households, the rate of recovery and the rate of component, material and substance reuse and recycling by 31 December 2008.

[16] OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

[17] OJ L 78, 26.3.1991, p. 32.

[18] OJ L 78, 26.3.1991, p. 32.

[19] OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

[20] OJ L 332, 28.12.2000, p. 91.

[21] OJ L 309, 27.11.2001, p. 1. Directive as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 33).

[22] OJ L 194, 25.7.1975, p. 39. Directive as amended by Directive 91/156/EEC, and as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

[23] OJ L 377, 31.12.1991, p. 20. Directive as last amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).

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