On 18 July 2007 the Administration of Funds for Environment (Administratia Fondului pentru Mediu) drafted for the Romanian Government (Guvernul Romaniei) a project of Decision (Hotarare) that aims at regulating the management of tyres, under conditions that protect health and the environment. The draft provides that natural or legal persons may only place on the market new or remoulded tyres that are approved in accordance with the legislation in force. The provisions of the present decision do not apply to tyres intended for the initial equipping of vehicles within the field of application of Government Order no. 2406/2004 on end-of-use vehicles, with its subsequent amendments.
The project of Governmental Decision on management of tyres was drafted on 18 July 2007 and shall be adopted within a 90 day term. The draft is compliant with EU regulations and is providing that natural or legal persons introducing used tyres into Romanian territory are obliged use them in accordance with the criteria laid down in the notification document provided for in Council Regulation (EEC) no. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community.
Natural or legal persons placing on the market new tyres, and natural or legal persons placing on the market remoulded tyres or used tyres intended for reuse or remoulding originating from outside of Romanian territory, are obliged to collect the used tyres, 80% of the quantity that they placed on the market during the previous year and ensure (Art. 5):
- reuse in accordance with the technical and operational safety conditions;
- remoulding in accordance with the conditions necessary for remoulding;
- recycling for operations to reinforce roads, dams, security barriers for roads, motorways, jetties, silos; or
- recovery.
The aforementioned obligations may be carried out through a transfer of responsibilities to a natural or legal person authorised by the Directorate for the Recycling of Materials within the Ministry of Economic and Financial Affairs (Departamentul pentru Reciclarea Materialelor din cadrul Ministerului Economiei si Finantelor). This person must:
- sort and store the used tyres collected separately in two categories: used tyres intended for reuse or remoulding and discarded used tyres.
- hand over the used tyres intended for reuse or remoulding to natural or legal persons who market used tyres intended for reuse or natural or legal persons who carry out remoulding;
- hand over discarded used tyres to natural or legal persons who carry out recovery activities under contract.
Natural or legal persons who carry out one or more of the activities of collection, remoulding and/or recovery of used tyres shall be obliged:
- to keep documented evidence on the quantity of used tyres collected, remoulded or recovered, where relevant;
- to retain the evidence stipulated above for a period of 3 years.
The objects of the legal proposal are:
- Tyres for motor vehicles with two or three wheels or similar (mopeds, motorcycles, motortrikes, quadbikes)
- Tyres for motor cars and other motor vehicles of a total maximum authorised weight of up to 3.5 tonnes, and for trailers.
- Tyres for motor vehicles of a total maximum authorised weight of over 3.5 tonnes, and for trailers and semi-trailers.
- Tyres for tractors, self-propelled works machines, agricultural machines and mobile non-road machines.
- Tyres for machines and equipment for construction and mining.
Impact
The company must be aware that obligations related to management of tyres differ function of the legal person’s use of tyres. Thus, businesses that market, following their placing on the market, new tyres, remoulded tyres and/or used tyres intended for reuse to end consumers, must obtain from the end consumer used tyres in the quantity in which they have been marketed and ensure adequate storage capacity for used tyres until the time of delivery. Legal persons placing on the market new tyres, remoulded tyres and/or used tyres intended for reuse or remoulding are obliged to report the following information to the Directorate for the Recycling of Materials within the Ministry of Economic and Financial Affairs by 15 March of each year, for the previous calendar year:
- the quantity of tyres placed on the market;
- the quantity of used tyres collected and handed over for reuse, recycling, remoulding or recovery, during the previous year.
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