Chapter 1 General Provisions
Subchapter 1 Scope of Application and Definitions
§ 1. Scope of application of Act
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(1) This Act provides for:
1) the organisation of waste management;
2) requirements for preventing waste generation and the health and environmental hazards arising from waste, including measures for improving the efficiency of the use of natural resources and reducing the adverse impacts of such use and progressive reduction of landfilling of waste that is suitable for recycling or other recovery;
3) the bases and extent of state supervision;
4) liability for violation of this Act.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(11) The following shall not fall within the scope of application of this Act:
1) gaseous effluents released into ambient air and carbon dioxide captured and transported for geological storage and geologically stored carbon dioxide;
[RT I, 05.07.2016, 1 – entry into force 01.01.2017]
2) uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated;
3) radioactive waste for the purposes of the Radiation Act;
4) waste of products containing explosives or pyrotechnic substances;
[RT I, 21.06.2017, 1 – entry into force 04.07.2017]
5) faecal matter, if not covered by clause 2 of subsection 2 of this section, straw and other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from such biomass through processes or methods which do not harm the environment or endanger human health;
6) sediments relocated inside surface waters for the purpose of managing waters and waterways or of preventing floods or mitigating the effects of floods and droughts or land reclamation if it is proved that the sediments do not have the hazardous properties specified in the Annex to Commission Regulation (EU) No 1357/2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 365, 19.12.2014, p. 89–96).
[RT I, 03.12.2015, 1 – entry into force 01.01.2016]
(2) The following shall not fall within the scope of application of this Act to the extent that they are regulated by other Acts or European Union Regulations:
1) waste water and waste subject to treatment or emitted into the environment together with waste water, except waste generated in waste water treatment;
2) handling of animal by-products including processed products covered by Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (OJ L 300, 14.11.2009, p. 1–33), except those which are destined for incineration, landfilling or use in biogas or composting plant.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
3) substances that are designed for use as feed materials as defined in point (g) of Article 3(2) of Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directives 79/373/EEC, 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC, Commission Directive 80/511/EEC and Commission Decision 2004/217/EC (OJ L 229, 1.9.2009, p. 1–28) and that do not consist of or contain animal by-products.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(3) This Act regulates handling of packaging waste insofar as this is not regulated by the Packaging Act.
(31) Subsections 3 and 5 of § 19, §§ 31, 34–351, 37 and 38, subsections 39 1–3 of § 39, §§ 40, 42 and 43–59, and Chapters 3, 4 and 6–9 of this Act do not apply to the management of extractive waste, unless the extractive waste is deposited in a landfill.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(32) The requirements for closure of waste disposal sites, subsections 2–6 of § 331, § 353, clause 8 of subsection 2 of § 73 and § 941 do not apply to inert waste arising from the prospecting, extraction, treatment and storage of mineral resources and from the working of quarries,
non-hazardous waste and unpolluted soil resulting from the prospecting of mineral resources, except for mineral resources generated by the evaporation of oil and water, with the exclusion of gypsum and anhydride, and waste resulting from the extraction, treatment and storage of peat, unless the waste is deposited at a waste disposal site of category A.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(33) For the purposes of this Act, unpolluted soil means soil that is removed from the upper layer of the ground during extractive activities and that is not deemed to be polluted under the legislation of Estonia or the European Union.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(34) Subsections 2 and 5 of § 331 and § 353 of this Act do not apply to non-hazardous waste, unless the waste is deposited at a waste disposal site of category A.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(4) The provisions of the Administrative Procedure Act apply to the administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(41) Chapter 5 of the General Part of the Environmental Code Act applies to the environmental permit (hereinafter waste permit) proceedings for waste management, waste generation and operation of landfills and extractive waste facilities, taking account of the specifications provided for in this Act.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(5) The provisions of the Public Procurement Act apply to ordering of organised waste transport, taking account of the specifications provided for in this Act. The provisions of § 12 of the Public Procurement Act do not apply to organised waste transport.
[RT I, 01.07.2017, 1 – entry into force 01.09.2017]
(6) The provisions of the Product Conformity Act apply to the provisions of this Act, taking account of the specifications arising from this Act.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 2. Waste
(1) Waste means any movable property or registered ship which the holder discards, intends or is required to discard.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(2) Discarding means removal from use of movable property, refusal to commence use of movable property or holding of movable property without using it if the use thereof is impossible for technical reasons or unreasonable due to economic or environmental circumstances.
(3) [Repealed – RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(4) [Repealed – RT I, 03.12.2015, 1 – entry into force 01.01.2016]
(5) The procedure for classification of waste and the list of waste shall be established by a regulation of the minister in charge of the policy sector.
[RT I, 03.12.2015, 1 – entry into force 01.01.2016]
§ 21. End-of-waste status
(1) Waste shall cease to be waste when it has undergone recycling or other recovery operation and complies with the following conditions at the same time:
1) the substance or object is commenced to be commonly used for a certain specific purpose;
2) a market or demand exists for such a substance or object;
3) the substance or object fulfils the technical requirements for the specific purpose and meets the legislation and product standards;
4) the use of the substance or object will not lead to adverse environmental or human health impacts;
5) the substance or object complies with the criteria that are established by an implementing act of the European Commission on the basis of Article 6(2) of Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30) or on the basis of subsection 2 of this section and are designed for uniform application of clauses 1–4 of this subsection concerning the end-of-waste status of a certain type of waste or, in the absence of these, the derogation specified in subsection 31 of this section is applied.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(2) In the absence of the implementing act of the European Commission specified in clause 5 of subsection 1 of this section, the minister in charge of the policy sector may establish by a regulation, for the purpose of uniform application of the conditions provided in clauses 1–4 of subsection 1 of this section, the criteria for the end-of-waste status of a certain type of waste.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(3) When establishing the criteria specified in subsection 2 of this section, account shall be taken of any possible adverse environmental and human health impacts of the substance or object, and the criteria shall include:
1) permissible waste input material for the recovery operation;
2) allowed treatment processes and techniques;
3) quality criteria for end-of-waste materials resulting from the recovery operation in line with the applicable product standards, including limit values for pollutants where necessary;
4) requirements for management systems to demonstrate compliance with the end-of-waste criteria for a certain type waste, including for quality control and self-checking, and accreditation, where appropriate;
5) a requirement for a statement of conformity.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(31) In the absence of the implementing act of the European Commission specified in clause 5 of subsection 1 of this section or if the criteria have not been established pursuant to subsection 2 of this section, the Environmental Board may decide in the proceedings for the grant of an environmental protection permit on a case-by-case basis whether the waste indicated in the application for a waste permit or integrated permit has ceased to be waste in accordance with the conditions provided in clauses 1–4 of subsection 1 of this section, taking into account the requirements provided in subsection 3 of this section, where appropriate.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(32) For the purposes of this Act, an environmental protection permit is a waste permit, an integrated environmental permit (hereinafter integrated permit) and the registration of a waste handler.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(4) A recovery operation after which waste ceases to be waste shall be determined in the environmental protection permit of the undertaking which carried out the recovery operation.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(5) [Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(6) Substances or objects that have ceased to be waste must, prior to their first use or placement on the market in accordance with subsection 18 of § 23 of this Act, comply with the requirements provided in the appropriate legislation on chemicals and products.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(7) The conditions provided in subsection 1 of this section must be met before the legislation on chemicals and products applies to the substances or objects that have ceased to be waste.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 22. By-product
(1) A substance or object, resulting from a production process, the primary aim of which is not the production of that item, is not regarded as waste, but is regarded as a by-product if the following conditions are met at the same time:
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
1) further use of the substance or object is certain;
2) the substance or object can be used directly without any further processing other than normal industrial practice;
3) the substance or object is produced as an integral part of a production process;
4) the substance or object fulfils relevant product, environmental and health protection requirements for the specific use and will not lead to adverse environmental or human health impacts.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(2) If no detailed criteria that ensure uniform application of the conditions specified in subsection 1 of this section have been established in connection with the regarding of certain substances or objects resulting from a production process as by-products on the basis of Article 5 (2) of Directive 2008/98/EC of the European Parliament and of the Council, the minister in charge of the policy sector may establish by a regulation the criteria for detailing the conditions specified in subsection 1 of this section about regarding certain substances or objects as by-products.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 3. Non-hazardous waste
Non-hazardous waste means any waste which is not hazardous waste.
§ 4. Inert waste
Inert waste means non-hazardous waste that does not undergo any significant physical, chemical or biological transformations. Inert waste does not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm human health. The leachability of inert waste in aquatic environment, its content of hazardous substances and the ecotoxicity of the leachate does not cause additional environmental pressure, in particular as regards requirements for the quality of groundwater or surface water.
§ 5. Biodegradable waste
Biodegradable waste means any waste that is capable of undergoing anaerobic or aerobic decomposition, such as food waste, paper and paperboard.
§ 51. Bio-waste
Bio-waste means the following biodegradable waste:
1) garden and park waste;
2) food and kitchen waste from households, offices, retail premises, wholesale enterprises and caterers;
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
3) waste from food processing plants the composition and nature of which is similar to the waste specified in clause 2 of this section.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
§ 52. Food waste
Food waste means food defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and safety requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1–24) that has become waste.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 6. Hazardous waste
(1) Hazardous waste means waste which due to at least one of the hazardous properties specified in the Annex to Commission Regulation (EU) No 1357/2014 may cause a hazard to human health, property or the environment.
[RT I, 03.12.2015, 1 – entry into force 01.01.2016]
(2) [Repealed – RT I, 03.12.2015, 1 – entry into force 01.01.2016]
(3) The requirements of subsection 1 of § 5 of the Metrology Act shall be observed in order to achieve traceability and reliability of measurement results upon the direct determination of the composition of waste, including the content of hazardous substances.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
§ 7. Municipal waste
(1) Municipal waste means:
1) mixed waste and separately collected waste from households, including paper and paperboard, glass, metals, plastics, bio-waste, wood, textiles, packaging, waste electrical and electronic equipment, batteries and accumulators, and bulky waste, including mattresses and furniture;
2) mixed waste and separately collected waste from other sources which because of its composition or properties is similar to waste from households.
(2) Municipal waste does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, end-of-life vehicles or construction and demolition waste.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 71. Extractive waste
(1) For the purposes of this Act, extractive waste means waste arising from the prospecting, extraction, treatment and storage of mineral resources and from the extraction works.
(2) For the purposes of this Act, mineral resource means a naturally occurring deposit in the earth's crust of an organic or inorganic substance, such as energy fuels, metal ores, industrial minerals and construction minerals, but excluding water.
(3) For the purposes of this Act, prospecting means the search for mineral deposits of economic value, including sampling, bulk sampling, drilling and trenching, excluding any works required for the development of such deposits, and any activities directly associated with an existing extractive operation.
(4) The provisions regulating the operations carried out with extractive waste provided for in this Act shall not apply to:
1) the management of waste resulting from the prospecting, extraction and treatment of mineral resources and the working of quarries if such waste does not directly result from those operations. Such waste shall not be regarded as extractive waste and the general waste management requirements shall apply to them;
2) the management of waste resulting from the offshore prospecting, extraction and treatment of mineral resources.
(5) For the purposes of this Act, offshore means the area of the sea and seabed extending from the low water mark of ordinary or medium tides outwards.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 72. Construction and demolition waste
Construction and demolition waste means waste generated by construction and demolition activities.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 73. Plastic waste
(1) Plastic waste means waste consisting of plastic, oxo-degradable plastic or biodegradable plastic.
(2) Plastic means material consisting of a polymer as defined in point 5 of Article 3 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1–850) (hereinafter referred to as the REACH Regulation), to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified.
(3) Oxo-degradable plastic means plastic materials that include additives which, through oxidation, lead to the fragmentation of the plastic material into micro-fragments or to chemical decomposition.
(4) Biodegradable plastic means plastic material capable of undergoing physical, biological decomposition, such that it ultimately decomposes into carbon dioxide, biomass and water, and is, in accordance with European standards for packaging, recoverable through composting and anaerobic digestion.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
§ 8. Hazardous properties of waste
[Repealed – RT I, 03.12.2015, 1 – entry into force 01.01.2016]
§ 9. Waste holder
Waste holder means the producer of the waste, any other person, or a state or local government agency who is in possession of the waste.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
§ 10. Waste producer
Waste producer means a person or a state or local government agency whose activities produce waste or a person who carries out operations with waste, for example pre-processing or mixing of waste, resulting in a change in the nature or composition of the waste.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
§ 101. Dealer
For the provisions of this Act, dealer means an undertaking which acts in its own name to purchase and sell waste, regardless of whether the waste is in the possession of the dealer or not.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
§ 102. Broker
For the provisions of this Act, broker means an undertaking arranging the recovery or disposal of waste on behalf of others, regardless of whether the waste is in the possession of the broker or not.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
§ 11. Waste management
(1) Waste management means waste handling, including establishment and care of waste facilities infrastructure required for this, supervision over waste handling and establishment and care of waste management facilities, including aftercare.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(2) The costs of waste management, except for supervision over waste handling, shall be borne by the waste holder or, in the cases prescribed by law, by the producer or the person who has been in possession of the waste to be handled.
§ 12. Development of waste management
(1) Development of waste management means dissemination of information relating to waste, consultation on issues concerning waste, waste management planning, or any other activities the aim of which is to prevent or reduce waste generation or improve the quality of waste management.
(2) Local government bodies shall organise development of waste management within their administrative territories.
(3) The state supports the development of waste management through national support programmes.
§ 13. Waste handling
Waste handling means the collection, transport, recovery, including sorting, and disposal of waste, including the activities of a broker or dealer.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 14. Collection, separate collection and transport of waste
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(1) Waste collection means the gathering of waste, including the preliminary sorting and preliminary storage and mechanical processing of waste without changing the composition and nature of the waste for the purposes of transport to a waste treatment facility for further management.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(11) Separate collection of waste means the activity where waste is kept separately by type and nature so as to facilitate further handling, including encouraging recovery.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(12) Waste shall be collected separately to facilitate or improve preparing for re-use, recycling and other recovery operations and separately collected waste shall not be mixed with other waste or other material with different properties.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(2) Waste transport means transport of waste shipment from the place of origin to the place of destination. Waste transport includes the loading and unloading of a waste shipment and the assembly of a waste cargo from several shipments but does not include the activities specified in subsection 1 of this section.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(3) A transporter of waste is not deemed to be the waste holder if its only task is to convey the transferred waste shipment to the point of destination determined by the transferor or forwarding it in its original condition to the person authorised to receive the shipment, unless otherwise agreed by the contract concluded between the transferor of waste and the transporter of waste.
§ 141. Re-use
Re-use means any operation by which products or components of products that are not waste are used again for their original purpose.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
§ 15. Waste recovery
(1) Waste recovery means any waste management operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(11) Material recovery means a recovery operation which includes, inter alia, preparation for re-use, recycling and backfilling. Energy recovery and the reprocessing of waste into materials that are to be used as fuels or other means to generate energy are not deemed to be material recovery.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(2) [Repealed – RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(3) Preparing of waste for re-use means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(4) Recycling means a waste recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. This does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(5) Energy recovery means a waste recovery operation where combustible waste is used as a means to produce energy through incineration of this waste, with or without other waste or fuel, with recovery of the generated heat.
(6) [Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(61) Backfilling means a recovery operation where suitable non-hazardous waste is used for the purposes of reclamation in excavated areas or for engineering purposes in landscaping. Non-hazardous waste used for backfilling must substitute non-waste materials, be suitable for the purposes specified in this subsection, and be limited to the amount strictly necessary to achieve those purposes.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(7) Methods of waste recovery may comprise one or several recovery operations.
(8) A list of waste recovery operations shall be established by a regulation of the Government of the Republic.
§ 16. Treatment of waste
(1) Treatment of waste means recovery or disposal operations, including preparation of waste for recovery or disposal.
(2) Preparing of waste for recovery or disposal means the mechanical, thermal, chemical or biological impact on waste, including sorting and packaging of waste and removing of substances or objects from waste, whereby the properties of the waste are changed with the aim to reduce the quantity or harmfulness of the waste, facilitate its handling or disposal or enhance the recovery of the waste, including preparation for re-use and recycling.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(21) Sorting of waste means an activity where the waste which is suitable for preparation for re-use, recycling or other recovery and hazardous waste are separated from the collected waste.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(3) Compacting of waste in order to reduce the volume thereof, e.g. upon transportation or landfilling, is not deemed to be treatment of waste.
[RT I, 09.11.2011, 1 - entry into force 10.11.2011]
§ 17. Waste disposal
(1) Waste disposal means landfilling, incineration without energy recovery or other equivalent operation which is not recovery, including preparing of waste for disposal, even where the operation has as a secondary consequence the reclamation of substances or energy.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(2) A list of waste disposal operations shall be established by a regulation of the Government of the Republic.
§ 18. Environmental nuisance
For the purposes of this Act, environmental nuisance means a negative environmental impact not regulated by a numerical standard or a negative environmental impact not exceeding the numerical standard, e.g. the odour, dust or noise emanating from waste; gatherings of birds, rodents or insects; the concentration of aerosols in the air, or dispersion of waste by the wind.
§ 19. Waste management facility
(1) Waste management facility means a structure equipped with appropriate technical installations for the collection, recovery or disposal of waste.
(2) An area where waste recovery enables to improve soil fertility, the state of the environment in the area or the modes of use of the area, or an area where waste recovery or disposal activities are performed and the existence of construction works is not needed for such activities is also deemed to be a waste management facility.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(3) Waste bins or other containers designated for initial collection of only one type of non-hazardous or hazardous waste from the waste producers, or structures or mobile storage spaces housing the abovementioned containers for the purpose of collection of non-hazardous waste, or structures used for initial collection of packaging waste produced in households are not deemed to be waste management facilities.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(4) If an environmental protection permit is necessary for waste management, waste may be managed only at places specified by the environmental protection permit.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(5) The location of a waste management facility, including location of a landfill shall be determined pursuant to the procedure provided by the Planning Act.
§ 20. Aftercare of waste management facility
Aftercare of waste management facility means the environmental monitoring of a waste management facility, which has been closed down and prevention of possible negative environmental impact, including environmental nuisances.
Subchapter 2 Prevention of Waste Generation and Reduction of Quantity and Hazardousness of Waste
§ 21. General requirements for prevention of waste generation
(1) In any activity, all appropriate measures shall be applied to avoid waste generation and care shall be taken to prevent the waste generated from causing any excessive hazard to health, property or the environment.
(2) In order to achieve the objectives specified in subsection 1 of this section, measures shall be taken in any activity, to the highest possible extent, to:
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
1) implement the best available techniques for sustainable use of natural resources and raw materials, including technologies whereby waste is recovered to the highest possible extent;
2) implement sustainable production and consumption models, including to design, plan, manufacture and import products which are, above all, reusable, reparable or with the longest possible life span and which after they are removed from use produce waste which is recoverable to the highest possible extent;
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
21) reduce or refrain from placing single-use plastic products on the market;
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
3) reduce the content of hazardous substances in materials and products;
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
4) prevent that products containing critical raw materials become waste;
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5) make available, without prejudice to intellectual property rights, the necessary spare parts, instruction manuals, technical information and other instruments, equipment and software of products in order to promote the repair and re-use of products;
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
6) reduce the generation of food waste and prefer food donation and other redistribution for human consumption;
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
7) prevent the generation of marine litter.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 211. Submission of information about hazardous substances in products
(1) To encourage the reduction of the content of hazardous substances in materials and products, the supplier of an article as defined in point 33 of Article 3 of the REACH Regulation must submit to the database of the European Chemicals Agency the information required under Article 33(1) of that regulation.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
(2) The functions of the national helpdesk regarding the responsibilities and obligations under subsection 1 of this section are performed by the Health Board on the basis of clause 6 of § 33 of the Chemicals Act.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 22. Prevention of waste generation
Prevention of waste generation means taking of measures before a substance, material or product becomes waste to reduce the quantity of waste and adverse impacts of the waste on the environment and health.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
§ 221. Waste hierarchy
(1) The following waste hierarchy shall apply as a priority order in prevention of waste generation and in development and implementation of measures for waste handling:
1) prevention of waste generation;
2) preparing for re-use;
3) recycling;
4) other recovery, e.g. energy recovery;
5) disposal.
(2) The waste hierarchy may be departed from if this ensures the best overall environmental result taking account of the whole life-cycle of a substance, material or product.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
§ 222. Plastic products
A single-use plastic product means a product that is made wholly or partly from plastic and that is not conceived, designed or placed on the market to accomplish, within its life span, multiple trips or rotations by being returned to a producer for refill or re-used for the same purpose for which it was conceived.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
§ 223. Restriction on placing of single-use plastic products on market
The placing of the following single-use plastic products on the market is prohibited:
1) cotton bud sticks, except if they fall within the scope of Regulation (EU) 2017/745 of the European Parliament and of the Council on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1–175);
2) cutlery – knives, forks, spoons and chopsticks;
3) plates;
4) straws, except if they fall within the scope of Regulation (EU) 2017/745 of the European Parliament and of the Council;
5) beverage stirrers;
6) sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, including the mechanisms of such sticks.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
§ 224. Restriction on placing of products made of oxo-degradable plastic on market
It is prohibited to place any products made from oxo-degradable plastic on the market.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
§ 225. Marking of certain single-use plastic products
(1) In marking the packaging of single-use wet wipes and sanitary towels as well as tampons and tampon applicators containing plastic, account is taken of the requirements of Commission Implementing Regulation (EU) 2020/2151 laying down rules on harmonised marking specifications on single-use plastic products listed in Part D of the Annex to Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment (OJ L 428, 18.12.2020, p. 57–67).
(2) In this section and in § 226 of this Act, the following terms are used:
1) single-use sanitary towel containing plastic is a means of personal hygiene which is used to absorb and retain a larger amount of liquid and is intended for single use;
2) a single-use tampon and tampon applicator containing plastic is a means of personal hygiene which is used during menstruation and is intended for single use.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
§ 226. Measures on raising awareness of certain single-use plastic products
(1) The person placing on the market or the distributor of single-use sanitary towels or tampons and tampon applicators containing plastic must, in an advertising pursuant to clauses 3 and 8 of subsection 1 of § 2 of the Advertising Act, provide information about the plastic content of the product and inform the consumer of the negative effects of that product on the environment and the sewerage system.
(2) The person placing on the market or the distributor of single-use sanitary towels or tampons and tampon applicators containing plastic is obliged, in order to increase the environmental awareness of the users, to organise once a year at least one national information campaign of a minimum of two weeks subject to the following conditions:
1) the information campaign must inform the users of single-use sanitary towels or tampons and tampon applicators containing plastic about the proper disposal of the waste generated by those products, the impact of littering of single-use plastic products and other inappropriate disposal of their waste on the environment, in particular the marine environment, and about the impact of inappropriate disposal of waste resulting from single-use products on the sewerage system, whereas information must be provided about the plastic content of the products;
2) the information campaign must be published through national media, including television, radio, social media, and outdoor advertising. Information disseminated exclusively through the internet, a newspaper or a magazine is not regarded as an information campaign;
3) the costs of organising information campaigns, including organisation of notification, are borne by the person placing products on the market or the distributor, whereas persons placing products on the market and distributors may carry out joint information campaigns;
4) it must be clearly identifiable from the information campaign which person placing products on the market or distributor is organising the information campaign, whereas, in the case of a joint information campaign, the names of all the participating persons placing products on the market and distributors must be listed.
(3) A person placing products on the market means the producer or importer of products who, within the meaning of subsection 18 of § 23 of this Act, places the product on the market.
(4) For the purposes of this Act, a producer of single-use sanitary towels or tampons and tampon applicators containing plastic means a natural or legal person:
1) whose place of business is in Estonia and who, irrespective of the selling technique, including by means of distance communication, places single-use sanitary towels or tampons and tampon applicators containing plastic on the Estonian market in the course of its commercial or professional activity;
2) who, by means of a distance contract as defined in point (7) of Article 2 of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64–88), places single-use sanitary towels or tampons and tampon applicators containing plastic on the Estonian market in the course of its commercial or professional activity;
3) who sells single-use sanitary towels or tampons and tampon applicators containing plastic by means of distance communication directly to Estonian households or other users, but who is established in another Member State of the European Union or outside the European Union.
(5) For the purposes of this Act, an importer means the person defined in clause 1 of subsection 1 of § 4 of the Product Conformity Act.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
§ 23. Producers, producers’ responsibility organisations, distributors and authorised representatives
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
(1) [Repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
(11) For the purposes of this Act, producer means a person who designs, plans, manufactures, processes, sells or imports products on professional basis.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(12) For the purposes of this Act, producer of motor vehicles means a person who manufactures motor vehicles or imports motor vehicles into Estonia on professional basis.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(13) For the purposes of this Act, producer of electrical and electronic equipment means a natural or legal person who, irrespective of the selling technique, including by means of distance communication:
1) is established in Estonia and manufactures electrical and electronic equipment under its own name or trademark, or has electrical and electronic equipment designed or manufactured and markets the equipment under its own name or brand in Estonia;
2) is established in Estonia and resells equipment manufactured by other suppliers under its own name or trademark in Estonia, however such reseller shall not be regarded as the producer if the brand of the producer appears on the equipment pursuant to clause 1 of this subsection;
3) is established in Estonia and places electrical and electronic equipment on the market in Estonia originating from another Member State of the European Union or outside the European Union on professional basis;
4) sells electrical and electronic equipment by means of distance communication directly to Estonian households or other users, but who is established in another Member State of the European Union or outside the European Union.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(14) For the purposes of this Act, producer of batteries and accumulators means a person who, irrespective of the selling technique, including by means of distance communication, places batteries and accumulators, including batteries or accumulators installed in electrical and electronic equipment or motor vehicles, on the Estonian market on professional basis.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(15) For the purposes of this Act, producer of tyres means a person who manufactures tyres or imports tyres into Estonia on professional basis.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(16) For the purposes of this Act, producer of agricultural plastic means a person who produces agricultural plastic or imports agricultural plastic into Estonia on professional basis.
[RT I, 04.04.2012, 2 – entry into force 14.04.2012]
(17) For the purposes of this Act, producer of motor vehicle parts means a person who, irrespective of the selling technique, including by means of distance communication, places motor vehicle parts on the Estonian market on professional basis.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(18) For the purposes of this Act, placing on the market means making a product available on the Estonian market for the first time on professional basis.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(19) For the purposes of this Act, making available on the market means supplying for a charge or without charge of a product on the Estonian market within commercial activities for the marketing, consumption or use of the product.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(110) For the purposes of this Act, a producer of fishing gear containing plastic means a natural or legal person:
1) whose place of business is in Estonia and who, irrespective of the selling technique, including by means of distance communication, places fishing gear containing plastic on the Estonian market in the course of its commercial or professional activity;
2) who, by means of a distance contract as defined in point (7) of Article 2 of Directive 2011/83/EU of the European Parliament and of the Council, places fishing gear containing plastic on the Estonian market in the course of its commercial or professional activity;
3) who sells fishing gear containing plastic by means of distance communication directly to Estonian households or other users, but who is established in another Member State of the European Union or outside the European Union.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
(111) For the purposes of this Act, a producer of wet wipes means a natural or legal person:
1) whose place of business is in Estonia and who, irrespective of the selling technique, including by means of distance communication, places single-use wet wipes on the Estonian market in the course of its commercial or professional activity;
2) who, by means of a distance contract as defined in point (7) of Article 2 of Directive 2011/83/EU of the European Parliament and of the Council, places single-use wet wipes on the Estonian market in the course of its commercial or professional activity;
3) who sells single-use wet wipes by means of distance communication directly to Estonian households or other users, but who is established in another Member State of the European Union or outside the European Union.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
(112) For the purposes of this Act, a producer of balloons means a natural or legal person:
1) whose place of business is in Estonia and who, irrespective of the selling technique, including by means of distance communication, places balloons on the Estonian market in the course of its commercial or professional activity;
2) who, by means of a distance contract as defined in point (7) of Article 2 of Directive 2011/83/EU of the European Parliament and of the Council, places balloons on the Estonian market in the course of its commercial or professional activity;
3) who sells balloons by means of distance communication directly to Estonian households or other users, but who is established in another Member State of the European Union or outside the European Union.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
(113) For the purposes of this Act, a producer of tobacco products with filters and filters marketed for use in combination with tobacco products means a natural or legal person:
1) whose place of business is in Estonia and who, irrespective of the selling technique, including by means of distance communication, places tobacco products with filters and filters marketed for use in combination with tobacco products on the Estonian market in the course of its commercial or professional activity;
2) who, by means of a distance contract as defined in point (7) of Article 2 of Directive 2011/83/EU of the European Parliament and of the Council, places tobacco products with filters and filters marketed for use in combination with tobacco products on the Estonian market in the course of its commercial or professional activity;
3) who sells tobacco products with filters and filters marketed for use in combination with tobacco products by means of distance communication directly to Estonian households or other users, but who is established in another Member State of the European Union or outside the European Union.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
(114) A person whose products are handmade is not deemed a producer of fishing gear containing plastic specified in this section and in § 26 of this Act.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
(2) A person who only engages in financing based on a financing agreement (e.g. a bank) is not deemed to be a producer unless it operates as a producer according to subsection 11, 12, 13, 14, 15 or 16 of this section.
[RT I, 04.04.2012, 2 – entry into force 14.04.2012]
(21) For the purposes of this Act, financing agreement is deemed to be a loan agreement, leasing contract, commercial lease contract, hire purchase contract or an agreement related to products of concern regardless of whether or not such contract or agreement, or a warranty contract or warranty agreement provides the transfer of the right of ownership of such products.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(3) For the purposes of this Act, producers' responsibility organisation means a non-profit organisation or other association not seeking economic income whose members are producers or producers' associations exclusively and who has, as one of its objectives, the organisation or financing of the collection and recovery of waste resulting from a certain type of products of concern.
(4) A producers' responsibility organisation must ensure:
1) access for the producers of the corresponding type of products of concern to the services offered by the producers' responsibility organisation;
2) equal treatment of the producers who have transferred their obligations;
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
3) purchase of services relating to handling of waste based on free competition and disclosure of the procedure for selecting the service provider on the website of the producers' responsibility organisation;
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
4) availability of the data related to waste collection and recovery to the Ministry of Environment and the persons with the right of supervision;
[RT I 2007, 19, 94 – entry into force 11.03.2007]
5) disclosure on its website of the amount of the contributions made by producers per one ton of the mass of products of concern placed on the market;
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
6) organisation of recovery of waste resulting from products of concern within three years after their collection and achievement of recovery targets.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(41) Upon calculation of the waste handling service charge payable by the producer, account shall be taken of:
1) product durability;
2) reparability;
3) re-usability;
4) recyclability;
5) the presence of hazardous substances, thereby proceeding from a product life-cycle approach and the extent to which the producer, when producing the product, has taken into account the requirements provided in subsections 1 and 2 of § 21 and subsections 1 and 3 of § 24 of this Act.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(5) For the purposes of this Act, distributor means a natural or legal person participating in the supply chain who makes a product of concern available on the market. For the purposes of subsections 11–17 of this section, a distributor may also be a producer at the same time.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(6) For the purposes of this Act, authorised representative means a person who performs the obligations of a producer in the territory of a Member State in relation to extended producer responsibility schemes where the producer does not have a seat in the Member State. The authorities are valid only if these have been approved in writing by the authorised representative and these are effective at least for all products of concern of the same type. The authorised representative performs the tasks specified in the authorisation received from the producer.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
§ 231. Self-checking systems of producers and producers' responsibility organisations
(1) Producers and producers' responsibility organisations must implement a self-checking system which ensures availability of at least the data concerning:
1) correctness of financing of the obligations provided in subsection 1 of § 251 of this Act;
2) correctness of compliance with the requirements for calculation of waste handling service charges for producers in accordance with subsection 41 of § 23 of this Act;
3) correctness of data submitted to the register of products of concern;
4) correctness of data collected about waste shipments pursuant to the provisions of Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (OJ L 190, 12.7.2006, p. 1–98).
(2) Persons who have an eco-management and audit scheme compliant with the requirements of Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1–45) are released from the obligation specified in subsection 1 of this section.
(3) The data of the self-checking system must be documented and updated if necessary at least once every 12 months.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 24. Obligations of producers in prevention of waste generation and collection of waste generated
(1) When manufacturing products, the producers shall, as far as possible:
1) limit the use of substances in order to prevent their release into the environment and the need to dispose of the waste as hazardous waste;
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
2) promote integration of secondary raw materials in products;
3) facilitate the re-use, dismantling and recycling of the waste resulting from products.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(2) Secondary raw material means substances or materials recycled as a result of waste recovery operations.
(3) The requirements for environmentally sound handling of waste resulting from products, especially the requirements for waste recovery shall be taken into account already in planning for and designing new products.
(31) A producer may, through specific design features or manufacturing processes of a product, prevent the product from being re-used only if such specific design features or manufacturing processes present overriding advantages with regard to the protection of the environment or safety requirements.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(4) For the purposes of treatment of the waste resulting from the products manufactured by a producer, the producer is required to provide waste handlers with information concerning the materials and components used in the products and the content and location of hazardous substances in the products.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(5) In order to avoid environmental or health hazards in handling waste resulting from products, the minister in charge of the policy sector has the right to issue regulations establishing the maximum contents of hazardous substances in products and the technical regulations for determining the content of hazardous substances or the target indicators for using secondary raw materials in the manufacturing of the products.
§ 241. Obligation of manufacturer upon manufacturing of electrical and electronic equipment incorporating batteries and accumulators
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(1) A manufacturer shall design electrical and electronic equipment such that waste batteries and accumulators can be readily removed from the equipment.
[RT I, 20.02.2015, 2 – entry into force 01.07.2015]
(11) If waste batteries and accumulators cannot be readily removed from electrical and electronic equipment by the end-user, a manufacturer shall design appliances in such a way that waste batteries and accumulators can be readily removed by qualified professionals that are independent of the manufacturer.
[RT I, 20.02.2015, 2 – entry into force 01.07.2015]
(2) Electrical and electronic equipment in which batteries and accumulators are incorporated shall be accompanied by instructions on how those batteries and accumulators can be safely removed by either the end-user or by qualified professionals that are independent of the manufacturer. Where appropriate, the instructions shall also inform the end-user of the types of battery or accumulator incorporated into the appliance.
[RT I, 20.02.2015, 2 – entry into force 01.07.2015]
(3) The provisions of subsections 1–2 of this section shall not apply if, for safety, performance, medical or data integrity reasons, continuity of power supply is necessary and a permanent connection between the appliance and the battery or accumulator is required.
[RT I, 20.02.2015, 2 – entry into force 01.07.2015]
§ 25. Products of concern
(1) Product of concern means a product the waste resulting from which causes or may cause health or environmental hazards, environmental nuisances or excessive pollution of the environment.
(2) Products of concern comprise:
1) batteries and accumulators;
2) [Repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
3) motor vehicles and parts thereof;
[RT I 2010, 44, 260 – entry into force 19.07.2010]
4) electrical and electronic equipment and parts thereof;
5) tyres;
[RT I 2010, 44, 260 – entry into force 19.07.2010]
6) agricultural plastic;
[RT I, 04.04.2012, 2 – entry into force 14.04.2012]
7) fishing gear containing plastic and their components;
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
8) wet wipes;
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
9) balloons;
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
10) tobacco products with filters and filters marketed for use in combination with tobacco products.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
(3) For the purposes of this Act:
1) battery or accumulator means a source of electrical energy generated by direct conversion of chemical energy and consisting of one or more non-rechargeable batteries or rechargeable cells;
2) [Repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
3) motor vehicle means a four-wheeled power-driven vehicle within the meaning of the Traffic Act or a three-wheeled motor vehicle except a three-wheeled motorcycle;
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
4) electrical and electronic equipment means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and designed for use with a voltage rating not exceeding 1000 Volt for alternating current and 1500 Volt for direct current;
5) tyre means the tyre of an off-road vehicle defined in clause 36 of § 2 and of the motor vehicle defined in clause 40 of § 2 of the Traffic Act and of their trailer;
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
6) agricultural plastic means silage wrap film, silage covering film, tunnel film, net wrap and plastic twine;
[RT I, 04.04.2012, 2 – entry into force 14.04.2012]
7) fishing gear means any item or piece of equipment that is used in fishing or aquaculture to target, capture or rear marine biological resources or that is floating on the sea surface, and is deployed with the objective of attracting and capturing or of rearing such marine biological resources;
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
8) wet wipes mean pre-wetted personal care and domestic wipes containing plastic;
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
9) balloon means a non-porous bag of light material that can be inflated with air or gas and which is used for decoration at parties or as a children’s toy, except balloons for industrial or other professional uses and applications that are not distributed to consumers;
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
10) tobacco product with filter and filter marketed for use in combination with tobacco product means a tobacco product with filter containing plastic and filter containing plastic marketed for use in combination with tobacco product.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
(31) The words dependent on electric currents or electromagnetic fields in order to work properly provided for in clause 4 of subsection 3 of this section shall mean, for the purposes of §§ 2610–2616 and 27, that electrical and electronic equipment needs electric currents or electromagnetic fields to fulfil at least one intended function.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(4) The minister in charge of the policy sector has the right to issue regulations establishing the methods and procedure for marking products of concern.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
§ 251. Principle of extended producer responsibility
(1) A producer is required to ensure the handling of waste resulting from its products of concern placed on the market and bear the costs thereof. The producer may choose whether to perform those obligations individually or to transfer them by written contract to a producers' responsibility organisation.
(2) A producer or a producers' responsibility organisation must ensure the necessary financial means or financial and organisational means to meet the obligations provided in subsection 1 of this section.
(3) A producer shall be responsible for its products of concern placed on the market until the waste resulting from the products of concern have been duly handled. The provisions of subsection 4 of § 28 of this Act do not apply to producers of products of concern.
(4) A producer whose seat is not in Estonia, but who places products of concern on the market in Estonia in the course of its commercial or professional activity, irrespective of the selling technique used, appoints, in order to place products of concern on the market, an authorised representative, being a natural or legal person with residence or seat in Estonia, who performs the obligations of extended producer responsibility of the producer of products of concern for this person.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
(5) Undertakings recovering or disposing and undertakings intermediating the recovery or disposal of waste resulting from products of concern must present a recovery certificate to a producer, producers' responsibility organisation or undertaking intermediating the recovery or disposal at their request. A recovery certificate shall set out the person transferring waste resulting from products of concern, the type, code and quantity of waste resulting from products of concern and the quantity of waste resulting from recovered or disposed product of concern, the code of the recovery or disposal operation and the country where the recovery or disposal has taken place.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 252. Covering of costs related to certain single-use products containing plastic
(1) Producers of wet wipes, producers of balloons and producers of tobacco products with filters and filters marketed for use in combination with tobacco products are obliged to cover the following costs:
1) the awareness raising costs specified in § 268 of this Act regarding those products;
2) the costs of waste collection for those products that are discarded in public collection systems, including the infrastructure and its operation, and the subsequent transport and treatment of that waste;
3) the costs of cleaning up litter resulting from those products and the subsequent transport and treatment of that litter.
(2) Producers of tobacco products with filters and filters marketed for use in combination with tobacco products must also cover the costs of setting up infrastructure for the waste collection for those products in common litter hotspots.
(3) The costs specified in subsections 1 and 2 of this section shall not exceed the cost of providing the services specified in those subsections in a cost-effective manner. Such costs are established in a transparent way between the actors concerned. The costs of cleaning up litter are limited to the activities carried out or authorised by public authorities.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
(4) The methodology for uniform calculation of the costs provided in subsections 1 and 2 of this section and the procedure for determination of the costs are established by a regulation of the minister in charge of the policy sector.
[RT I, 07.03.2023, 1 – entry into force 01.01.2024]
§ 26. Obligations of producers in handling waste resulting from products of concern
(1) [Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(11) The provisions of § 251 of this Act and the obligations established on the basis of subsection 3 of this section apply to the persons who receive waste resulting from products of concern from waste holders.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(12) [Repealed – RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(13) A producer of batteries and accumulator is required to take back a battery and an accumulator of the same type, regardless of when the battery or accumulator was placed on the market, which brand appears on the battery or accumulator and whether the user intends to buy a new battery or accumulator or not.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(14) A producer of tyres is required to take back a tyre of the same type, regardless of when the tyre was placed on the market, which brand appears on the tyre and whether the user intends to buy a tyre or not.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(15) A producer of agricultural plastic is required to take back or organise the take-back and recovery of agricultural plastic placed on the market thereby, but not exceeding the total weight of the plastic placed on the market during the previous calendar year by the producer.
[RT I, 04.04.2012, 2 – entry into force 14.04.2012]
(16) [Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(17) A producer of electrical and electronic equipment, wet wipes, balloons, tobacco products with filters and filters marketed for use in combination with tobacco products, or fishing gear containing plastic, who, in the course of commercial or professional activity, places its products on the market of another Member State of the European Union where it does not have a seat appoints an authorised representative who is a natural or legal person with residence or seat in that Member State who performs the obligations imposed on the producer on its behalf.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
(2) [Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(3) The requirements and procedure for the collection, return to producers and recovery or disposal of waste resulting from products of concern as well as the targets and time limits for reaching targets shall be established by a regulation of the Government of the Republic.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(4) The person specified in subsection 11 of this section shall cover the costs for handling of waste resulting from products of concern received from the waste producer.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(41) If a motor vehicle returned to the producer lacks parts which were included in the original set of the vehicle and are technically essential or contain a significant amount of material, such as the bodywork, axles, engine, gearbox, catalytic converter or electronic control unit, or if other waste has been added to the vehicle, then the producer may demand that the waste holder cover a part of the waste management costs, taking account of the value of the material of the parts absent from the returned vehicle and the waste management cost of the waste which has been added to the vehicle.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(42) If the waste resulting from electrical or electronic equipment returned to the producer is not complete in comparison to the original equipment and lack parts which were included in the original set or composition of the equipment and which contain a significant amount of material, are expensive or contain hazardous waste, or if other waste has been added to the equipment, then the producer may demand that the waste holder cover a part of the waste management costs. Any disputes concerning the completeness of equipment shall be settled by a person authorised by the city or rural municipality government.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(43) A producer placing on the market motor vehicles and their trailers shall, in the part of the tyres of the motor vehicles and trailers, keep separate account of the quantity and mass of the tyres, and organise the collection and recovery of the waste tyres removed from use.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(5) The obligation to guarantee and finance the management of waste resulting from products of concern placed on the market before obligations related to the products of concern arise to the producers (historical waste) rests with the producers who operate on the market at the time the corresponding products of concern turn into waste in proportion to their share in the market of the corresponding type of products of concern.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(6) [Repealed – RT I 2007, 19, 94 – entry into force 11.03.2007]
(7) [Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(8) The Government of the Republic or a minister authorised thereby has the right to issue regulations establishing the requirements and procedure for collection, return to the producer, recovery and disposal of waste resulting from products of concern which have been removed from use.
(9) A producer who has transferred, by a written contract, the obligations provided by this Act to a producers' responsibility organisation and who has fulfilled its obligations to the producers' responsibility organisation is not responsible for achieving the recovery and recycling targets of waste resulting from products of concern and forwarding data to the register of products of concern. In such case, the producers' responsibility organisation shall be responsible for the fulfilling respective obligations of the producer.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(10) The provisions of subsections 1 and 2 of § 251 of this Act, subsections 11, 13–15, 17, 3–5 and 8 of this section and §§ 261 and 27 do not apply to batteries and accumulators used in:
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
1) equipment connected with the protection of the essential interests of national security, arms, munitions and war material, except for batteries and accumulators which are not intended for specifically military purposes;
2) equipment designed to be sent into space.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(11) The provisions of subsections 1 and 2 of § 251 of this Act, subsections 11, 13–15, 17, 3–5 and 8 of this section and §§ 261 and 262 do not apply to:
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
1) electrical and electronic equipment which is connected with the protection of the essential interests of national security, including arms, munitions and war material intended for specifically military purposes;
2) electrical and electronic equipment which is specifically designed, and is to be installed, as part of another type of equipment to which provisions of subsections 11, 13–15, 17, 3–5 and 8 of this section and §§ 251, 261 and 262 of this Act do not apply or which is not electrical and electronic equipment pursuant to clause 4 of subsection 3 of § 25 and which can fulfil its function only if it is part of that other type of equipment;
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
3) incandescent lamps.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(12) In addition to the provisions of subsection 11 of this section, the provisions of subsections 11, 13–15, 17, 3–5 and 8 of this section and §§ 251, 261 and 262 of this Act do not apply to:
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
1) electrical and electronic equipment designed to be sent into space;
2) large-scale stationary industrial tools;
3) large-scale fixed installations, except any equipment which is not specifically designed and installed as part of those installations;
4) means of transport for persons or goods, excluding electric two-wheel vehicles which are not type-approved;
5) non-road mobile machinery made available exclusively for professional use;
6) electrical and electronic equipment specifically designed solely for the purposes of research and development that is only made available on a business-to business basis;
7) medical devices and in vitro diagnostic medical devices, which are expected to be infective before the end of their life, and active implantable medical devices.
[RT I, 08.07.2014, 13 – entry into force 15.08.2018]
(13) In this section, the following terms are used:
1) large-scale stationary industrial tools – the term has the meaning provided for in clause 1 of subsection 6 of § 27 of this Act;
2) large-scale fixed installation – a large-size combination of several types of apparatus and, where applicable, other devices, which are assembled, installed and de-installed by professionals, are intended to be used permanently as part of a building or a structure at a pre-defined and dedicated location and can only be replaced by the same specifically designed equipment;
3) non-road mobile machinery made available exclusively for professional use – the term has the meaning provided for in clause 4 of subsection 6 of § 27 of this Act;
4) medical device – a medical device or an accessory for a medical device pursuant to points (1) and (2) of Article 2 of Regulation (EU) 2017/745 of the European Parliament and of the Council which is also electrical or electronic equipment;
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
5) in vitro diagnostic medical device – in vitro diagnostic medical device and accessory for an in vitro diagnostic medical device within the meaning of points (2) and (4) of Article 2 of Regulation (EU) 2017/746 of the European Parliament and of the Council on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176–332);
[RT I, 22.12.2022, 2 – entry into force 01.01.2023]
6) active implantable medical device – an active implantable medical device within the meaning of Articles 2(4) and 2(5) of Regulation (EU) 2017/745 of the European Parliament and of the Council.
[RT I, 17.05.2020, 1 – entry into force 26.05.2021]
§ 261. Register of products of concern
(1) The register of products of concern is a database belonging to the state information system and its purpose is to assemble data about producers of products of concern and producers' responsibility organisations, maintain records about products of concern placed on the market, recovery of waste resulting from products of concern and achievement of recovery targets in Estonia to perform the functions arising from the Waste Act and exercise supervision and, on the basis of the data entered in the register, submit information relating to waste to the European Commission.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(11) Producers are required to register themselves in the register of products of concern and to submit data to the register.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(12) [Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(13) A producer whose place of business is outside Estonia and who places products of concern on the market in Estonia shall be registered in the register of products of concern through an authorised representative having a place of business in Estonia. An authorised representative shall be appointed by a written authorisation.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(14) A producer of electrical and electronic equipment established in Estonia but who places electrical and electronic equipment on the market of another Member State of the European Union shall be registered in a corresponding register of that Member State of the European Union where the producer places equipment on the market.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(2) The register of products of concern shall be established and the statutes thereof shall be approved by a regulation of the Government of the Republic.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]
(3) The information subject to entry in the register of products of concern, the procedure for submission thereof, access to information in the register and the procedure for forwarding information arising from international agreements shall be established by the statutes of the register of products of concern.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(31) [Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(4) The minister in charge of the policy sector has the right to establish, by a regulation, a detailed list of the waste resulting from products of concern in compliance with the waste list prepared on the basis of subsection 4 of § 2 of this Act if this is necessary in order to specify the waste and to enter the recovery data in the register or products of concern.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
§ 262. Covering of costs incurred upon return of waste electrical and electronic equipment to producer
(1) The costs of collection, recovery or disposal of waste electrical and electronic equipment resulting from household electrical and electronic equipment marketed before 13 August 2005 shall be borne collectively by the producers who market the relevant type of household electrical and electronic equipment at the time waste electrical and electronic equipment resulted from such equipment. The producers shall bear the costs in proportion to their market share in the sale of the corresponding type of electrical and electronic equipment.
(11) For the purposes of this Act, waste electrical and electronic equipment means waste resulting from electrical and electronic equipment within the meaning of § 2 of this Act, including all components, sub-assemblies and accessories, which are parts of the product at the time of its disposal.
[RT I, 02.07.2019, 1 – entry into force 12.07.2019]
(2) The costs of collection, recovery or disposal of waste electrical and electronic equipment resulting from other sources than household electrical and electronic equipment marketed before 13 August 2005 which have been substituted by new equipment of the same type or performing the same function shall be borne by the producer who sold the equipment by which the equipment which has turned into electrical or electronic waste is substituted.
(3) The costs of collection, recovery or disposal of waste electrical and electronic equipment resulting from other sources than household electrical and electronic equipment marketed before 13 August 2005 shall be borne by the waste holder unless the waste holder has substituted such equipment by new equipment of the same type or performing the same function.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(4) Each producer shall be responsible for the collection, recovery or disposal of waste resulting from the producer's own products placed on the market after 13 August 2005.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
§ 263. Covering of costs incurred upon collection and return to producer of end-of-life vehicles
(1) The producer shall bear the costs of receiving and handling if end-of-life vehicles in proportion to the market share in motor vehicles by make initially registered in the traffic register during the last calendar year.
(2) Upon collection of the motor vehicles specified in subsection 41 of § 26 of this Act, the producer may demand that the price of the net carrying value of the missing part be compensated by the waste holder. The net carrying value of the absent part shall not exceed the net carrying value of the material of the missing part.
(3) The provisions of subsection 2 of this section does not apply if a part of an end-of-life vehicle is missing as a result of a misdemeanour or criminal offence, unless the waste holder was the person who committed the misdemeanour or criminal offence.
(4) The producer and distributor are required to collect the discarded parts of vehicles from a waste holder regardless of whether or not the waste holder intends or substitute it with new parts.
[RT I 2007, 19, 94 – entry into force 11.03.2007
§ 264. Distribution of costs arising from collection and recovery of products of concern between producers and producers' responsibility organisations
Each producer and producers' responsibility organisation who has recovered waste resulting from products of concern more than the average level of recovery has the right to demand that other producers or producers' responsibility organisations who have recovered waste resulting from products of concern less than the average recovery level cover collection and recovery costs to the extent which guarantees an equal financial burden to all producers or producers' responsibility organisations, taking account of the share of the producers or producers' responsibility organisations in the total amount of products of concern of corresponding type placed on the market.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
§ 265. Presentation of information to user concerning costs of management of waste electrical and electronic equipment and waste batteries and accumulators
(1) Upon the sale of electrical and electronic equipment placed on the market before 13 August 2005, the producers may indicate the waste management costs as a separate part of the price of the equipment until 13 August 2012 or until 13 August 2014.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(11) Upon the sale of electrical and electronic equipment placed on the market after 13 August 2005, the producers may not indicate the waste management costs as a separate part of the price of the equipment.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(2) Upon the sale of batteries or accumulators, the producers may not indicate the waste management costs as a separate part of the price of the battery or accumulator.
(3) The minister in charge of the policy sector shall establish, by a regulation, a detailed list of the terms specified in subsection 1 of this section by categories of electrical and electronic equipment.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 266. Covering of costs incurred upon collection and further handling of used batteries and accumulators
A producer of batteries and accumulators used in motor vehicles and industry may, instead of accepting used accumulators and batteries free of charge, also enter into a different agreement with the user, who is a legal person or sole proprietor, concerning the coverage of costs of handling of waste resulting from accumulators and batteries.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 267. Obligations of producer and distributor upon take-back of waste resulting from electrical and electronic equipment and batteries and accumulators at place of sale
(1) A distributor of electrical and electronic equipment is responsible for ensuring that waste resulting from the equipment can be returned to the distributor at the place of sale free of charge on a one-to-one basis as long as the equipment is of equivalent type and has fulfilled the same functions as the supplied equipment.
(11) A distributor of electrical and electronic equipment is required at its place of sale, the selling space of which is at least 400 m2, to take back waste electrical and electronic equipment free of charge the external dimensions of which do not exceed 25 cm, regardless of whether the user buys a new equipment of the same type or equipment of the such type is sold in the place of sale.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(2) A producer of electrical and electronic equipment shall supply the distributor specified in subsections 1 and 11 of this section with the necessary collection container upon the corresponding request of the distributor.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(3) A distributor of batteries and accumulators is responsible for ensuring that waste resulting from the battery or accumulator can be returned to the distributor at the place of sale free of charge as long as the battery or accumulator is of equivalent type and has fulfilled the same functions as the supplied battery or accumulator.
(4) A producer of batteries and accumulators shall supply the distributor specified in subsection 3 of this section with the collection container necessary for collection.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 268. Notification of users of products of concern and organisation of information campaign
(1) A producer is required to notify the user of a product of concern of return facilities for waste resulting from the product of concern and organise information campaigns to raise environmental awareness of users.
(2) A producer and producers' responsibility organisation are required, in co-operation with distributors, to make information available to a user of a product of concern regarding the places where waste resulting from the product of concern can be taken back by making available the locations and telephone numbers where relevant information can be obtained.
(3) A producer and producers' responsibility organisation are required to organise information campaigns, including national information campaigns at least once a year, to notify the users of products of concern of the possibilities for collecting and handling the waste resulting from products of concern.
(4) The list of information made available to users of products of concern and the manners of and procedure for the presentation of information shall be established by a regulation of the minister in charge of the policy sector.
(5) The costs of notification, including organisation of information campaigns shall be paid by the producer or producers' responsibility organisation. Producers and producers' responsibility organisations may organise joint information campaigns.
(6) A producers' responsibility organisation is required to submit to the register of products of concern not later than by 25 April each year a report on information campaigns, including a national information campaign organised during the previous calendar year. The report shall include information concerning the costs of the information campaigns.
(7) A producer of motor vehicle parts, batteries and accumulators or household electrical and electronic equipment and producers' responsibility organisation are required, in co-operation with distributor, to make available, in addition to information specified in subsection 2 of this section, also the information concerning the possibility to take back waste electrical and electronic equipment, waste batteries and accumulators or used motor vehicle parts to the place of sale.
(8) A producer of batteries and accumulators and producers' responsibility organisation are not required to present the information specified in subsections 2 and 7 of this section at the place of sale if the container for waste batteries and accumulators is in a visible place for all the visitors of the place of sale and the collection container is adequately labelled.
(9) The following are not required to organise information campaigns, including national information campaigns specified in subsection 3 of this section:
1) a producer of electrical and electronic equipment who places on the market only equipment other than household electrical and electronic equipment;
2) a producer of batteries and accumulators who places on the market batteries or accumulators only for industrial or professional use or accumulators used in electric vehicles of any type;
3) a producer of batteries and accumulators who places on the market batteries and accumulators only together with motor vehicles or off-road vehicles to which the obligation provided for in subsection 1 of § 26 of this Act does not apply;
4) a producer of tyres who places on the market solid tyres or tyres of excavation dumpers;
5) a producer of tyres who places on the market tyres only together with motor vehicles or off-road vehicles to which the obligation provided for in subsection 1 of § 26 of this Act does not apply, or tyres together with trailers;
6) a producer of agricultural plastic.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(10) A producer specified in subsection 9 of this section may make the information provided for in subsection 3 of this section available in another manner.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
§ 269. Restriction on buying up products of concern
(1) Products of concern containing hazardous substances or components separated from such products may be bought up as waste only from producers registered in the register of products of concern established on the basis of subsection 2 of § 261 of this Act or producers' organisations or undertakings holding environmental protection permits whose lawful activities produced the waste.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(2) The restriction provided for in subsection 1 of this section does not apply to the sale of waste resulting from products of concern acquired in the course of supervision by the supervision authority or local government.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 2610. Obligations of manufacturer of electrical and electronic equipment
(1) In order to comply with the requirements provided for in § 27 of this Act, a manufacturer of electrical and electronic equipment (hereinafter manufacturer) is required to.
1) ensure upon placing on the market of electrical and electronic equipment that the equipment is designed and manufactured in conformity with the requirements provided for in § 27 of this Act;
2) comply with the requirements of the Product Conformity Act and the requirements established on the basis thereof as regards the placement of electrical equipment on the market;
[RT I, 23.03.2015, 4 – entry into force 01.07.2015]
3) draw up an European Union declaration of conformity and affix the CE marking on the finished product if the procedure specified in clause 2 of this subsection demonstrates that the electrical and electronic equipment is in conformity with the requirements;
4) keep the technical documentation and the European Union declaration of conformity for ten years after the electrical and electronic equipment has been placed on the market;
5) keep a register of non-conforming electrical and electronic equipment and product recalls, and keep distributors informed thereof;
6) ensure that the electrical and electronic equipment bears a type, batch or serial number or other element allowing its identification, or, where the size or nature of the electrical and electronic equipment does not allow it, that the required information is provided on the packaging or in a document accompanying the electrical and electronic equipment.
(2) Where other legislation requires the application of a conformity assessment procedure which is at least as stringent as provided for in clause 2 of subsection 1 of this section, compliance with the requirements provided for in § 27 of this Act may be demonstrated within the context of that procedure and a single technical documentation may be drawn up.
(3) In order to be in conformity with the requirements provided for in § 27 of this Act, manufacturers shall ensure that the procedure is in place for series production to remain in conformity with the specified requirements Changes in product design or characteristics and changes in the harmonised standards or in technical specifications by reference to which conformity of electrical and electronic equipment is declared shall be adequately taken into account.
(4) In order to be in conformity with the requirements provided for in § 27 of this Act, manufacturers indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the electrical and electronic equipment or, where that is not possible, on its packaging or in a document accompanying the electrical and electronic equipment. The address must indicate a single point at which the manufacturer can be contacted. Where other legislation contains provisions for the affixing of the manufacturer’s name and address which are at least as stringent, those provisions shall apply;
(5) In order to be in conformity with the requirements provided for in § 27 of this Act, manufacturers are required to, in addition to the provisions of subsections 1, 3 and 4 of this section:
1) immediately take the necessary corrective measures to bring the electrical and electronic equipment into conformity with the requirements established by this Act, to withdraw it or recall it, if the equipment placed on the market is not in conformity with the requirements provided for in § 27 of this Act;
2) immediately inform of the non-conformity of the equipment with the requirements provided for in § 27 of this Act the competent national authorities of the Member States in which they made the electrical and electronic equipment available to that effect, giving details, in particular, of the non-conformity and of any corrective measures taken;
3) at a reasoned request from a competent national authority of the Member State, provide it with all the information and documentation necessary to demonstrate the conformity of the electrical and electronic equipment with the requirements provided for in § 27 of this Act, in a language which can be easily understood by that authority;
4) to co-operate with the competent authority on any action taken by the manufacturer to ensure compliance with the requirements provided for in § 27 of this Act of the electrical and electronic equipment which they have placed on the market.
(6) In this section and §§ 2611–2616 and 27 of this Act, the following terms are used:
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
1) manufacturer of electrical and electronic equipment means any person who manufactures an electrical and electronic equipment or who has an electrical and electronic equipment designed or manufactured and markets it under its name or trademark;
2) placing on the market means placing a product on the market within the meaning of Article 3(2) of Regulation (EU) 2019/1020 of the European Parliament and of the Council on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1–44);
[RT I, 22.10.2021, 3 – entry into force 01.11.2021]
3) recall means recall within the meaning of Article 3(22) of Regulation (EU) 2019/1020 of the European Parliament and of the Council;
[RT I, 22.10.2021, 3 – entry into force 01.11.2021]
4) withdrawal means withdrawal within the meaning of Article 3(23) of Regulation (EU) 2019/1020 of the European Parliament and of the Council;
[RT I, 22.10.2021, 3 – entry into force 01.11.2021]
5) conformity assessment means the process demonstrating whether the requirements for electrical and electronic equipment provided for in § 27 of this Act are met;
6) technical specification means technical specification within the meaning of Article 2(8) of Regulation (EC) No 765/2008 of the European Parliament and of the Council;
7) harmonised standard means harmonised standard within the meaning of Article 2(9) of Regulation (EC) No 765/2008 of the European Parliament and of the Council;
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
§ 2611. Obligations of authorised representative
(1) A manufacturer has the right to appoint an authorised representative on the basis of a written authorisation to fulfil the requirements provided for in § 27 of this Act.
(2) For the purposes of this section and § 2614 of this Act, authorised representative means a person who has received from the manufacturer a written authorisation to act on behalf of the manufacturer with specific tasks.
(3) An authorised representative shall perform the tasks within the limits of the authority granted by the manufacturer.
(4) The authorisation shall enable the authorised person to perform at least the following acts to fulfil the requirements provided for in § 27 of this Act:
1) to keep the European Union declaration of conformity and the technical documentation at the disposal of the surveillance authority for ten years following the placing on the market of the electrical and electronic equipment;
2) at a reasoned request from competent authorities of the Member States, to provide them with all the information and documentation necessary to demonstrate the compliance of the electrical and electronic equipment with the requirements provided for in this Act;
3) to co-operate with the competent authorities of the Member States, at their request, on any action taken to ensure compliance of the electrical and electronic equipment with the requirements provided for in § 27 of this Act covered by the authorisation.
(5) An authorised representative shall not be required to perform the obligation provided for in clause 1 of subsection 1 of § 2610 of this Act or prepare technical documentation to fulfil the requirements provided for in § 27 of this Act.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
§ 2612. Obligations of importer of electrical and electronic equipment
(1) In order to comply with the requirements provided for in § 27 of this Act, an importer of electrical and electronic equipment (hereinafter importer) is required:
1) to place only electrical and electronic equipment that complies with the requirements provided for in § 27 of this Act on the European Union market;
2) before placing an electrical and electronic equipment on the market, to ensure that the manufacturer has carried out appropriate assessment of conformity of the equipment with the requirements established by this Act, and that, according to the technical documentation prepared by the manufacture, the electrical and electronic equipment bears the CE marking and is accompanied by the required documents, and that the manufacturer has complied with the requirements provided for in clause 6 of subsection 1 of § 2610 and subsection 4 of § 2610 of this Act;
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
3) not to place an electrical and electronic equipment which is not in conformity with the requirements provided for in § 27 of this Act on the market until it has been brought into conformity with the requirements, and to inform the manufacturer and the supervisory authority thereof;
4) to keep, for ten years following the placing on the market of the electrical and electronic equipment, a copy of the European Union declaration of conformity at the disposal of supervisory authorities and ensure that the technical documentation can be made available to those authorities at their request.
(2) For the purposes of § 2614 of this Act, importer of electrical and electronic equipment means a person who places a product from a third country on the European Union market.
(3) In addition to the provisions of subsection 1 of this section, an importer is required to comply with the requirements provided for in clause 5 of subsection 1 of § 2610 and subsections 4 and 5 of § 2610 of this Act.
(4) The obligations of a manufacturer provided for in § 2610 of this Act shall apply to an importer if the importer places electrical and electronic equipment on the market under its name or trade mark, or modifies the electrical and electronic equipment already placed on the market in such a way that compliance with the requirements provided for in § 27 of this Act may be affected.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
§ 2613. Obligations of distributor of electrical and electronic equipment
(1) In order to comply with the requirements provided for in § 27 of this Act, a distributor of electrical and electronic equipment (hereinafter distributor) is required to:
1) when making an electrical and electronic equipment available on the market, to take into account the requirements applicable in particular by verifying that the electrical and electronic equipment bears the CE marking, that it is accompanied by the required documents in Estonian, and that the manufacturer and the importer have complied with the requirements provided for in clause 6 of subsection 1 of § 2610 and subsection 4 of § 2610 of this Act.
2) not to make an electrical and electronic equipment which is not in conformity with the requirements provided for in § 27 of this Act available on the market until it has been brought into conformity with the requirements, and to inform the manufacturer, importer and the supervisory authority thereof;
3) to take the necessary corrective measures to bring the electrical and electronic equipment into conformity with the requirements established by this Act, to withdraw it or recall it, if the equipment placed on the market is not in conformity with the requirements provided for in § 27 of this Act, and immediately inform the competent authority giving details, in particular, of the non-compliance and of any corrective measures taken;
4) at a reasoned request from a competent authority, provide it with all the information and documentation necessary to demonstrate the conformity of the electrical and electronic equipment with the requirements provided for in § 27 of this Act;
5) to co-operate with the competent authority on any action taken by the distributor to ensure compliance with the requirements provided for in § 27 of this Act of the electrical and electronic equipment which they have made available on the market.
(2) For the purposes of § 2614 of this Act, distributor means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes an electrical and electronic equipment available on the market.
(3) For the purposes of this section, making available on the market means making available on the market within the meaning of Article 3(1) of Regulation (EU) 2019/1020 of the European Parliament and of the Council.
[RT I, 22.10.2021, 3 – entry into force 01.11.2021]
(4) The obligations of a manufacturer provided for in § 2610 of this Act shall apply to a distributor of electrical and electronic equipment if the distributor places electrical and electronic equipment on the market under its name or trademark, or modifies the electrical and electronic equipment already placed on the market in such a way that compliance with the requirements provided for in § 27 of this Act may be affected.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
§ 2614. Obligations of undertaking upon submission of information to competent authority
(1) An undertaking is required to submit, at the request of a competent supervisory authority, information for ten years following the placing of an electrical and electronic equipment on the market which enables to identify:
1) all undertakings who have supplied the undertaking with an electrical and electronic equipment;
2) all undertakings to whom the undertaking has supplied an electrical and electronic equipment.
(2) For the purposes of this section, undertaking means the manufacturer, the authorised representative, the importer and the distributor.
(3) At the request of a competent surveillance authority or processor of the register of products of concern, an undertaking is required to submit the documents demonstrating compliance with the requirements provided for in § 27 of this Act concerning a product of concern.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
§ 2615. European Union declaration of conformity
(1) The European Union declaration of conformity certifies that the requirements for electrical and electronic equipment provided for in § 27 of this Act are met. If other legislation prescribes at least as stringent conformity assessment procedure as provided for in clause 2 of subsection 1 of § 2610 of this Act, the conformity to the requirements provided for in § 27 of this Act may be certified in the framework of this procedure and one technical document may be prepared.
(2) The European Union declaration of conformity contains the elements provided for in Annex VI to Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 01.07.2011, p. 88–110), and it shall be updated as necessary and translated into the language or languages required by a Member State where the electrical and electronic equipment is placed on the market or made available.
(3) With the preparation of the European Union declaration of conformity, the manufacturer shall assume the responsibility that the electrical and electronic equipment meets the requirements provided for in this Act.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
§ 2616. General principles of CE marking and assumption of conformity
(1) The CE marking is a marking by which the manufacturer indicates that a product meets the requirements applicable on the basis of Regulation (EC) No 765/2008 of the European Parliament and of the Council concerning the affixing of the marking on the product.
(2) The CE marking is governed by the general principles set out in Article 33 of Regulation (EC) No 765/2008 of the European Parliament and of the Council.
(3) In the absence of evidence to the contrary, the electrical and electronic equipment bearing the CE marking is considered in conformity to the requirements provided for in § 27 of this Act.
(4) Any materials, components and electrical and electronic equipment, which have been tested and measured on conformity to the requirements provided for in § 27 of this Act or which have been assessed in accordance with the harmonised standards, which reference data are published in the Official Journal of the European Union, are considered in conformity to the requirements provided for in § 27 of this Act.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
§ 2617. Export of used electrical and electronic equipment from Estonia
(1) A person who exports used electrical and electronic equipment from Estonia shall ensure that a shipment comprising used electrical and electronic equipment meets the minimum requirements provided for in Annex VI to Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.07.2012, p. 38–71).
(2) If a shipment comprising used electrical and electronic equipment does not meet the minimum requirements provided for in Annex VI to Directive 2012/19/EU, the provisions of Chapter 9 of this Act shall apply to this shipment.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
§ 2618. General conditions for bringing into reuse of WEEE
(1) The Reuse Centre for the purposes of this Act is a person who makes the used electrical and electronic equipment available to persons who intend to use these for the original purpose of the equipment.
(2) The producer and the Reuse Centre must be convinced that there is market demand for the WEEE, which is sorted out as a whole appliance for the purposes of reuse.
(3) The WEEE, which does not completely meet the conditions provided for on the basis of subsection 6 of this section, but which has great potential for reuse, may be prepared for reuse.
(4) In repairing the equipment, there shall be used such spare parts, which enable the equipment to perform its initial duty and ensure its safety.
(5) The liability for the WEEE delivered for reuse shall transfer after the inspection of the equipment and recognising it suitable for reuse to the Reuse Centre.
(6) In order to avoid environmental or health hazards that may result from the WEEE delivered for reuse, the minister in charge of the policy sector shall establish by a regulation the requirements for delivery of the WEEE for reuse.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
§ 2619. Producer's obligations in bringing into reuse of WEEE
(1) To promote reuse, the producer shall ensure the separation of the reusable WEEE collected by types from other WEEE prior to their delivery for recovery, recycling or disposal.
(2) The producer shall, for the promotion of reuse, provide the Reuse Centre with an opportunity for accessing the WEEE collection facilities. For this purpose, the producer may enter into a cooperation agreement with the Reuse Centre, including for transportation of the WEEE and the pre-sorting of the WEEE at the collection facilities for the purposes of reuse.
(3) The producer shall deliver the WEEE suitable for reuse to the Reuse Centre free of charge.
(4) The producer shall take back free of charge the equipment, which is unsuitable for reuse and which the Reuse Centre is unable to sell or give away for free, including to donate.
(5) The producer must preserve the user manual for the electrical and electronic equipment for at least ten years after placing on the market of the electrical and electronic equipment.
(6) The producer shall ensure the free of charge availability of the user manual for the electrical and electronic equipment to the Reuse Centre and the equipment user.
(7) Subsections 1–4 of this section are applied to a person who receives for the waste holder the waste generated by the electrical and electronic equipment.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
§ 2620. Obligations of Reuse Centre in bringing into reuse of WEEE
(1) The Reuse Centre may take for reuse only such WEEE, which meets the requirements provided for on the basis of subsection 6 of § 2618 of this Act.
(2) The Reuse Centre shall ensure that with regard to the WEEE made available to other persons for the purposes of reuse the buyer or recipient thereof has been provided with the information that the equipment is an appliance taken for reuse.
(3) The Reuse Centre shall provide each appliance to be sold or donated with the sales warranty of at least six months.
(4) The Reuse Centre shall keep account of all the WEEE delivered to the Centre, all the preparation activities of the reuse of the WEEE and the sales and donation of the equipment prepared for reuse.
(5) Each WEEE shall be designated in such way that it is possible to track the movement of the equipment through the stages of the preparation activities of the reuse until the sales and donation of the equipment.
(6) The Reuse Centre shall submit to the register of products of concern the information of all the WEEE delivered to the Centre for preparation for the reuse during a calendar year, which have been sold or donated as used electronic equipment. The report need not be submitted if the producers’ responsibility organisation and the Reuse Centre agree that the report is submitted by the producers’ responsibility organisation.
(7) If the Reuse Centre itself organises the pre-sorting of the WEEE at the collection facilities and its transportation, the Centre shall hold an environmental protection permit for the collection, transport and recovery of the WEEE.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(8) If the Reuse Centre itself organises only the transport of WEEE or carries out the activities of preparing for reuse, the Centre shall hold a registration for the activities under clause 4 or 5 of subsection 2 of § 987 of this Act.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 2621. Covering of costs incurred upon collection and return to producer of waste fishing gear containing plastic
(1) Producers of fishing gear containing plastic cover the costs of the separate collection of waste fishing gear containing plastic and the costs of its subsequent transport and treatment where such waste has been delivered to adequate port reception facilities or collection systems in accordance with Directive (EU) 2019/883 of the European Parliament and of the Council on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116–142).
(2) For the purposes of this section, waste fishing gear means fishing gear falling within the definition of waste provided in point 1 of Article 3 of Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30), including all separate components, substances or materials that were part of or attached to such fishing gear when it was discarded, including lost or abandoned.
(3) For the purposes of this section, port reception facilities mean port reception facilities falling within the definition provided in point (6) of Article 2 of Directive (EU) 2019/883.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
§ 27. Prohibitions and restrictions on placing on market of products of concern within European Economic Area
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(1) Placing on the market of the following products of concern within the European Economic Area is prohibited:
1) [Repealed – RT I, 02.07.2019, 1 – entry into force 22.07.2019]
2) batteries and accumulators containing mercury or cadmium;
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
3) motor vehicles and parts thereof containing hexavalent chromium compounds, lead and its compounds, mercury and its compounds or cadmium and its compounds;
4) electrical and electronic equipment provided in clause 4 of subsection 3 and subsection 31 of § 25 of this Act containing hexavalent chromium, lead, mercury, cadmium, polybrominated diphenyl ethers, polybrominated biphenyls, bis(2-ethylhexyl) phtalate, butylbenzyl phthalate, dibutyl phthalate or diisobutyl phthalate, including cables and spare parts designed for the repair, reuse, upgrading of functions or increasing of capacity of the equipment.
[RT I, 02.07.2019, 1 – entry into force 22.07.2019]
(11) Exceptions may be made from the prohibition provided for in subsection 1 of this section provided that the possibility to make such an exception arises from the legislation of the European Union.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(12) The prohibition specified in clause 4 of subsection 1 of this section does not apply to the following electrical and electronic equipment:
1) equipment designed to be sent into space;
2) equipment which is specifically designed, and is to be installed, as part of another type of equipment that is excluded or does not fall within the scope of this Act, which can fulfil its function only if it is part of that equipment, and which can be replaced only by the same specifically designed equipment;
3) large-scale stationary industrial tools;
4) large-scale fixed installations;
5) means of transport for persons or goods, excluding electric two-wheel vehicles which are not type-approved;
6) non-road mobile machinery made available exclusively for professional use;
7) active implantable medical devices;
8) photovoltaic panels intended to be used in a system that is designed, assembled and installed by professionals for permanent use at a defined location to produce energy from solar light for public, commercial, industrial and residential applications;
9) equipment specifically designed solely for the purposes of research and development only made available on a business-to-business basis;
[RT I, 04.01.2013, 12 – entry into force 22.07.2019]
10) equipment which is necessary for the protection of the essential interests of the security of Member States, including arms, munitions and war material intended for specifically military purposes;
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
11) pipe organs.
[RT I, 02.07.2019, 1 – entry into force 22.07.2019]
(2) [Repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
(3) [Repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
(4) The Government of the Republic or a minister authorised thereby has the right to issue regulations establishing the following as regards certain products of concern or parts thereof:
1) maximum concentration values for dangerous substances up to which the content of dangerous substances is not subject to the prohibition specified in subsection 1 of this section;
2) areas of application, technical conditions or requirements upon application of which the prohibition specified in subsection 1 of this section does not apply;
3) time limits for full or partial implementation of the prohibition specified in subsection 1 of this section.
(5) [Repealed – RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(6) In this section, the following terms are used:
1) large-scale stationary industrial tools mean a large-scale assembly of machines, equipment or components, functioning together for a specific application, permanently installed and de-installed by professionals at a given place, and used and maintained by professionals in an industrial manufacturing facility or research and development facility;
2) large-scale fixed installation means a large-scale combination of several types of apparatuses and, where applicable, other devices, which are assembled and installed by professionals, intended to be used permanently in a pre-defined and dedicated location, and de-installed by professionals;
3) active implantable medical device means an active implantable medical device within the meaning of Articles 2(4) and 2(5) of Regulation (EU) 2017/745 of the European Parliament and of the Council;
[RT I, 17.05.2020, 1 – entry into force 26.05.2021]
4) non-road mobile machinery made available exclusively for professional use means machinery driven by an on-board power source or external power source, the operation of which requires either mobility or continuous or semi-continuous movement between a number of fixed working locations while working, and is made available exclusively for professional use;
5) cables mean all cables and wires with a rated voltage of less than 250 volts that serve as a connection or an extension to connect electrical and electronic equipment to the electrical outlet or to connect two or more electrical and electronic equipment to each other;
6) spare part means an individual part of electrical and electronic equipment that can replace a necessary part designed to operate the electrical and electronic equipment in order to restore or improve the functionality of the electrical and electronic equipment.
[RT I, 02.07.2019, 1 – entry into force 12.07.2019]
§ 271. Implementation of prohibition on use of equipment containing polychlorinated biphenyls and polychlorinated terphenyls
(1) The holders of functioning equipment containing polychlorinated biphenyls and polychlorinated terphenyls (hereinafter jointly PCB) shall take the equipment out of use or decontaminate the equipment and eliminate the PCB contained therein as soon as possible, but no later than by 31 December 2010.
[RT I, 17.12.2010, 21 – entry into force 27.12.2010]
(11) The use of PCB-containing equipment is prohibited.
[RT I, 17.12.2010, 21 – entry into force 01.01.2011]
(2) Decontamination is an act, which provides an opportunity for the safe reuse, recycling or disposal of the equipment, objects, materials and liquids contaminated with the PCB, including the replacement of the PCB by a suitable liquid not containing the PCB.
(3) For the purposes of this Act, the PCB include polychlorinated biphenyls, polychlorinated terphenyls, monomethyl-tetrachlorodiphenyl methane, monomethyl-dichloro-diphenyl methane, monomethyl-dibromo-diphenyl methane or any preparation or mixture, which contains the aforementioned substances in total over more than 0.005% by weight.
[RT I, 2010.44, 260 – entry into force 19.07.2010]
§ 272. Avoidance of major accidents and notification thereof
(1) This section applies to a category A extractive waste facility determined on the basis of subsection 5 of § 352 of this Act, which is neither a dangerous enterprise nor an enterprise liable to be affected by major accident for the purposes of the Chemicals Act.
(2) Major accident for the purposes of this Act is an incident occurring in the course of handling extractive waste in the place of business, which poses immediately or over time a serious threat to the human health or the environment manifested in the place of business or elsewhere.
(3) In the design, construction, use, maintenance, closure and aftercare of an extractive waste facility liable to be affected by major accident, there shall be taken the necessary measures to avoid such accidents and limit their adverse effects on the human health or the environment, including transboundary effects.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 273. General requirements for avoidance of major accidents and notification thereof
(1) Prior to starting the activities, the operator of an extractive waste facility specified in subsection 1 of § 272 of this Act shall prepare the principles of avoidance of major accidents in handling the extractive waste and enforce for the implementation thereof the safety management system and the internal emergency plan of the extractive waste facility, which specifies the measures taken on the territory of the installation in case of an accident. The operator shall appoint a safety manager who is responsible for implementing the principles of avoidance of major accidents and regular supervision.
(2) The Rescue Board shall prepare with regard to each installation a separate external emergency plan, which specifies the measures taken outside the territory of the installation in case of an accident. The operator shall submit to the issuer of waste permits together with the application for a waste permit the information necessary for the preparation of the plan, including the internal emergency plan of the extractive waste facility provided for in subsection 1 of this section. The issuer of waste permits shall forward the information to the Rescue Board.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(3) In the preparation of an external emergency plan, the requirements established by the Administrative Procedure Act with regard to open proceedings shall be observed.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 274. Objectives of emergency plan
The emergency plan has the following objectives:
1) to restrain and control major accidents and other accidents in such way that their impact would be minimum and primarily to limit the damage caused to the human health and the environment;
2) to implement measures which are necessary for the protection of the human health and the environment from the impact of major accidents and other accidents;
3) to submit the necessary information to the relevant authorities, services and the public in the area. The public for the purposes of this Act is one or several natural or legal persons and, pursuant to the legislation or practices, the associations, organisations or groups of such persons;
4) to plan the cleaning, upkeep and restoration of the environment after a major accident.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 275. Principles of avoidance of major accidents and safety management system
(1) The operator's principles of avoidance of major accidents and safety management system shall correspond to the amount of major accidents hazard arising from the extractive waste facility. The principles of avoidance of major accidents shall contain the operator's general objectives and principles of action with respect to the control of risk of major accidents. The safety management system shall include the part of the general management system which comprises the organisational structure, responsibilities, practices, procedures, processes and resources related to determining and implementing the principles of avoidance of major accidents.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(2) The safety management system must address the following issues:
1) organisation and employees – duties and obligations of employees related to the management of risk of major accidents on all organisational levels, ascertaining the training needs of such employees and offering the relevant training; inclusion of employees and subcontractors, if necessary;
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
2) identification and evaluation of serious threats – adoption and implementation of procedures for systematic identification of serious threats arising from normal and abnormal operation and the assessment of the likelihood and severity of such threats;
3) operational control – establishment and implementation of procedures and guidelines pertaining to safe operation, including the maintenance of an extractive waste facility, the maintenance processes, equipment and temporary interruptions in the maintenance;
4) management of change – establishment and implementation of procedures pertaining to changes in extractive waste facilities or planning of new extractive waste facilities;
5) preparation of plans for emergencies – establishment and implementation of procedures for ascertaining of emergencies through systematic analysis and preparation, testing and review of emergency plans;
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
6) monitoring of activities – establishment and implementation of procedure for the constant assessment of the performance of the objectives of the principles of avoidance of major accidents and the safety management system, and means for taking investigative and corrective measures in case these objectives are not observed. The procedure shall comprise a procedure, which the operator uses for notification of a major accident and narrowly avoided accidents, especially if the protective measures had any deficiencies, and the investigation of these deficiencies and the follow-up measures taken on the basis of the drawn conclusions;
7) inspection and review – establishment and implementation of procedure for regular systematic evaluation of the performance and suitability of the principles of avoidance of major accidents and the safety management system. The management shall monitor whether the principles and the safety management system are functioning, and these shall be documented and updated.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 276. Information to be transmitted in connection with avoidance of major accidents
(1) The information on the safety measures and, in case of accident, the obligatory behaviour shall be transmitted to the public concerned, and it shall contain at least the following data:
1) name of the operator and address of the extractive waste facility;
2) position of the person giving the information;
3) confirmation that effective requirements are applicable to the extractive waste facility and the issuer of the permit, if necessary, has been submitted the needed information for ensuring and verification of compliance with these requirements;
4) clear and simple explanation of the activities carried out at the facility;
5) conventional or generic names of the substances and preparations located at the extractive waste facility and of the waste involving major accident risks or generic hazard classification with a list of the principal hazardous characteristics;
6) general information relating to the nature of the major accident hazards, including their potential impact on the population and the environment in the surrounding area;
7) sufficient information on how the population in the surrounding area will be warned and how they will be kept knowledgeable of the developments in case of a major accident;
8) sufficient information on how the population should act in case of a major accident;
9) confirmation that the operator shall take sufficient measures on their territory primarily in cooperation with the emergency services in order to cope with major accidents and minimise their impact;
10) reference to an emergency plan outside the extractive waste facility, which was prepared in order to minimise the potential impact of an accident outside the extractive waste facility. It shall include advice to follow in case of an accident all the guidelines and requirements of the emergency services;
11) where to obtain additional information.
(2) The information specified in subsection 1 of this section shall be submitted to the public concerned free of charge and continuously. The information shall be reviewed and updated, if necessary, at least once every three years.
(3) The public concerned for the purposes of this Act is the public who is affected or may be affected by decision-making concerning extractive waste facilities of category A in granting of a waste permit or activity licence, or the public whose interests it involves. It is taken into account that non-governmental organisations promoting the environment protection also have such interest.
(4) In case of a major accident, the operator shall promptly submit to the Rescue Board all the necessary information to help minimise the negative impact of the accident on the human health and to evaluate and minimise the scope of actual or potential environmental damage.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(5) If an accident may have transboundary effects, the Rescue Board shall submit through the Ministry of the Interior the specified information to the competent authorities of the state, which may be affected by the accident.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
Subchapter 3 General Requirements for Waste Management
§ 28. Certified waste handling
(1) A waste holder is required to handle the waste in the possession thereof according to the established requirements or transfer the waste for handling to a person holding the corresponding right.
(11) Waste holders must have adequate information concerning the types, quantities and origin of the waste in their possession, concerning its properties relevant in terms of waste handling and concerning the hazards resulting from the waste to health, the environment or property.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(2) A person transferring waste must, under the circumstances, be convinced that the transferee holds the environmental protection permit granting the right to handle the waste transferred.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(3) If waste is transferred for handling not requiring an environmental protection permit, the person transferring the waste must, under the circumstances, be convinced that the transferee is competent to handle the waste and has the relevant technical and environmental protection equipment.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(4) The liability of a waste holder for handling the waste shall terminate or transfer when a new waste holder has an environmental protection permit for handling the respective waste.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(5) If a waste holder delivers the waste for waste handling to a person not holding the corresponding right, the waste holder shall be liable for the waste handling.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(6) Upon transportation of the waste, the liability for the waste handling shall not transfer to the waste carrier unless the carrier is a waste holder.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(7) Waste may be stored for up to three years before recovery and for one year before disposal.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 281. Prohibition of waste incineration
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(1) It is prohibited to incinerate waste on board ships.
(2) It is prohibited to incinerate waste which has been separately collected for preparing for re-use and recycling pursuant to subsections 3 and 4 of § 31 of this Act, with the exception of waste resulting from subsequent treatment operations of the separately collected waste for which incineration delivers the best environmental outcome in accordance with subsection 1 of § 221.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 29. Environmental impact of waste management and best available techniques
(1) The processes or methods used in waste management shall not endanger health, property or the environment. In waste management, all the necessary measures shall be implemented to avoid or reduce as much as possible the environmental nuisances caused by waste for the purposes of § 18 of this Act and the harmful impact of the waste on the environment, including landscapes and sites of special interest, and the human health.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(2) In waste management, environmental nuisances shall be avoided or, if this is not possible, reduced unless this involves excessive costs.
(3) In waste management, the best available techniques as determined in § 8 of the Industrial Emissions Act shall be used.
[RT I, 16.05.2013, 1 – entry into force 01.06.2013]
(31) In waste management, hazardous substances and objects must be removed from resulting waste in order to facilitate recovery and treatment of waste if this delivers the best environmental outcome in accordance with subsection 1 of § 221 of this Act.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(4) The minister in charge of the policy sector has the right to issue regulations to implement the provisions of subsections 1–31 of this section and establish handling requirements for:
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
1) [repealed – RT I, 09.11.2011, 1 – entry into force 10.11.2011]
2) waste containing persistent organic pollutants;
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
3) waste containing asbestos;
4) waste generated in the production of titanium oxide;
5) biodegradable waste;
6) waste electrical and electronic equipment (WEEE);
7) end-of-life vehicles;
8) waste batteries and accumulators;
9) construction and demolition waste;
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
10) waste tyres;
11) packaging waste;
12) wastes from human or animal health care;
13) municipal waste;
14) metal waste;
15) waste from thermal processing (including pyrolysis) of oil shale;
151) extractive waste;
[RT I 2010, 44, 260 – entry into force 19.07.2010]
16) sewage sludge.
17) [repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
18) waste used for filling the workings or recoverable waste otherwise placed in the environment;
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
19) waste oil;
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(41) In handling waste containing persistent organic pollutants, account shall be taken, inter alia, of the provisions regulating waste handling included in Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45–77).
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(42) Waste containing mercury shall be handled, inter alia, pursuant to Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008 (OJ L 137, 24.5.2017, p. 1–21).
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(5) [Repealed – RT I, 23.03.2015, 6 – entry into force 01.07.2015]
§ 291. Removing of material upon demolition of buildings
Upon demolition of buildings, materials containing hazardous substances and materials suitable for re-use or recycling must be collected separately to the highest possible extent.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 30. Principles of waste recovery
(1) Waste shall be recovered if this is technologically possible and does not involve excessive costs compared to other methods of waste handling.
(2) [Repealed – RT I, 29.06.2014, 1 – entry into force 01.07.2014]
(3) Waste that cannot be recovered in accordance with the requirements of this Act must be disposed of in adherence to the health and environmental safety requirements.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 31. Bases for organising separate collection of waste
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(1) Local governments shall organise separate collection of waste to enable preparing them from re-use, recycling or other recovery to the highest possible extent.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(11) The purpose of separate collection of waste organised in accordance with subsection 1 of this section is, inter alia, to achieve municipal waste recycling targets specified in subsections 1 and 2 of § 1363 of this Act.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(2) [Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(3) Local governments shall organise separate collection of at least paper, paperboard, metal, plastic, textile and glass waste and hazardous waste produced by households.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(4) Local governments shall organise separate collection of bio-waste at source unless it can be recycled at source. Waste with similar biodegradability and compostability properties which complies with relevant European standards or any equivalent national standards for packaging recoverable through composting and biodegradation may be allowed to be collected at source together with bio-waste.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(5) A local government may organise separate collection of packaging waste at source by an agreement with a recovery organisation specified in subsection 1 of § 101 of the Packaging Act, ensuring in such case its participation in the organisation of recovery of packaging waste in proportion to its market share. Packaging waste may be collected at source by collecting different types of packaging material together.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(6) A local government may prescribe in the waste management plan and waste management rules a derogation from the separate collection specified in subsection 3 and 4 of this section if at least one of the following conditions is met:
1) collecting certain types of waste together does not affect their potential to undergo preparing for re-use, recycling or other recovery operations and results in output from those operations which is of comparable quality to that achieved through separate collection;
2) separate collection does not deliver the best environmental outcome when considering the overall environmental impacts of the management of the relevant waste streams;
3) separate collection is not technically feasible taking into consideration good practices in waste collection;
4) separate collection would entail disproportionate economic costs taking into account the costs of adverse environmental and health impacts of mixed municipal waste collection and treatment, the potential for efficiency improvements in waste collection and treatment, revenues from sales of secondary raw materials as well as the application of the polluter-pays principle and extended producer responsibility.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(7) Municipal waste shall be collected separately pursuant to the requirements and procedure established on the basis of subsection 5 of § 36 of this Act.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 32. Principle of proximity in waste handling
Waste shall be disposed of and mixed municipal waste shall be recovered at a technologically suitable waste management facility were the health of persons and the safety of the environment is granted and which is located as close as possible to the site where waste was generated.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
§ 33. Requirements for waste management facilities
(1) In order to ensure that waste management facilities are safe for health and the environment during waste handling and thereafter, the following requirements shall be established by a regulation of the minister in charge of the policy sector:
1) requirements for establishment, operation and closure of landfills;
2) [repealed – RT I, 16.05.2013, 1 – entry into force 01.06.2013]
3) [repealed – RT I, 16.05.2013, 1 – entry into force 01.06.2013]
(2) In order to ensure the safety of waste management facilities, the minister in charge of the policy sector has the right to establish, by a regulation specified in subsection 1 of this section:
1) technical norms, values for technical parameters, and other requirements for operation;
2) [repealed – RT I, 16.05.2013, 1 – entry into force 01.06.2013]
3) [repealed – RT I, 16.05.2013, 1 – entry into force 01.06.2013]
4) requirements for environmental monitoring at waste management facilities and the surroundings thereof before commencement of operation, in the course thereof and after termination of operation of the facility;
5) duration of environmental monitoring during aftercare of waste management facilities.
§ 331. Requirements for construction, operation and closure of extractive waste facility
(1) The operator of an extractive waste facility shall ensure the following:
1) choice of suitable location for an extractive waste facility, primarily taking into consideration the positions of the protected natural objects and geological, hydrological, hydrogeological, seismic and geotechnical factors;
2) to design an extractive waste facility in such way that the conditions necessary for avoidance of soil, air, groundwater and surface water pollution are complied with;
3) efficient collection and cleaning of leachate at the time and in the manner provided for in a permit;
4) reduction of water and wind erosion to an extent that is technically possible and economically viable;
5) construction, management and maintenance of an extractive waste facility in such way as to ensure the physical stability of an extractive waste facility and avoid soil, air, groundwater and surface water pollution and contamination, and minimise as much as possible the damaging of landscape;
6) preparation of plans and giving instructions so that competent persons would be able to periodically inspect an extractive waste facility, perform monitoring and take measures in case the results indicate instability or water or soil contamination;
7) giving instructions for restoring the earth surface and closure of an extractive waste facility;
8) giving instructions for aftercare of an extractive waste facility.
(11) A competent person for the purposes of this Act is a natural person who has the technical knowledge and experience required for the performance of the assignments arising from this Act.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(2) If a pond contains cyanide, the operator shall ensure that the concentration of weak acid dissociable cyanide is reduced there using the best available technology to the lowest possible level.
(3) The closure of an extractive waste facility shall be commenced only if the requirements established in a waste permit are met and the issuer of waste permits has granted consent for closure.
(4) An extractive waste facility shall be considered completed closed only after the issuer of waste permits has organised the on-site inspection of the extractive waste facility, assessed the reports submitted by the operator, warranted that an area affected by the extractive waste facility has been restored, and notified the operator of the consent for closure of the extractive waste facility.
(5) After the closure of an extractive waste facility, the operator shall, inter alia, verify the physical and chemical stability of the extractive waste facility and minimise the adverse impact on the environment, primarily on surface water and groundwater, ensuring the following:
1) supervision and protection of all parts of the extractive waste facility, and permanent serviceability of the instrumentation;
2) keeping the overflow channels and spillways clean and free.
(6) The operator shall be liable for the maintenance, monitoring and inspection of an extractive waste facility and for the measures improving an extractive waste facility in the aftercare until the issuer of waste permits or integrated permits requires it, taking into consideration the type and duration of hazard. The required measures and the time of their implementation shall be determined in a waste permit granted for the operation of an extractive waste facility.
(7) In case of change of the operator of an extractive waste facility, all the operators of the time of functioning and aftercare of an extractive waste shall be solidarily liable for any damage caused by negative environmental impact arising from the waste stored at the extractive waste facility.
(8) The minister in charge of the policy sector shall establish by a regulation the list of specific requirements for construction, use, monitoring, closure and aftercare of an extractive waste facility.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 332. Inventory-taking of closed extractive waste facilities
The minister in charge of the policy sector shall prepare an inventory list with regard to closed extractive waste facilities, including ownerless extractive waste facility, which cause serious adverse impact on the environment or may, within medium or short time, become a serious threat for the human health or the environment. The inventory list shall be updated on a regular basis.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
§ 34. Landfills
(1) Landfill means a waste management facility for the deposit of waste onto or into land, including waste management facilities where a waste producer deposits waste at its place of production (internal waste disposal sites) and waste management facilities which are permanently used for storage of waste for longer than one year.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(2) The waste deposit sites specified in subsection 1 of this section are considered landfills until completion of their aftercare.
(3) The following are not deemed to be landfills:
1) facilities where waste is unloaded in order to permit its preparation for further transport for treatment, recovery or disposal elsewhere;
2) facilities where waste is stored prior to treatment or recovery if all the waste stored at the facility is treated or recovered within three years after being stored;
3) facilities where waste is stored prior to disposal if all the waste stored at the facility is disposed of within one year after being stored.
(4) Depending on the properties of the waste deposited, landfills are classified as:
1) landfills for hazardous waste;
2) landfills for non-hazardous waste;
3) landfills for inert waste.
§ 341. Landfill costs
(1) The fee charged by a landfill operator for the deposit of any waste in the landfill shall cover the expenses of the establishment, operation and closure of the landfill and to the extent possible the expenses of the financial security or insurance specified in clause 5 of § 91 of this Act and the provisional expenses of the landfill aftercare for the period with the duration of at least 30 years.
(2) For the implementation of the principle of covering the landfill expenses specified in subsection 1 of this section and the requirements on the freedom of access to information on the environment, a landfill operator shall keep accounting of the landfill expenses and disclose the division of the fee charged for the deposit of waste in the landfill by cost categories upon corresponding request.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 35. Prohibition to deposit untreated and separately collected waste in landfill
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(1) It is prohibited to deposit such waste in landfills which:
1) has not undergone treatment specified in § 16 of this Act;
2) has been collected separately in accordance with subsections 3 and 4 of § 31 of this Act for preparing for re-use and recycling, with the exception of waste resulting from subsequent treatment of separately collected waste if depositing of the waste in a landfill delivers the best environmental outcome in accordance with subsection 1 of § 221 of this Act.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(2) The obligation to treat waste before deposit does not extend to waste the treatment of which does not reduce the quantity of waste or the hazard arising from the waste to human health or the environment, and to such inert waste the treatment of which is technically not viable.
§ 351. Prohibition on deposit of used tyres in landfills
(1) The deposit of used tyres in landfills is prohibited, except for shredded tyres used as construction material in the landfills.
(2) The prohibition provided for in subsection 1 of this section does not apply to bicycle tyres and tyres with an outside diameter above 1400 mm.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
§ 352. Extractive waste facility
(1) Extractive waste facility means any construction works or area designated for the accumulation or storage of extractive waste, whether in a solid or liquid state, in solution or suspension, for the following time-periods:
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
1) no specified time-period for Category A extractive waste facilities and facilities for waste characterised as hazardous in the extractive waste management plan specified in § 421 of this Act;
2) a period of more than six months for facilities for hazardous waste generated unexpectedly;
3) a period of more than one year for facilities for non-hazardous waste, which is not inert waste;
4) a period of more than three years for facilities of unpolluted soil, non-hazardous prospecting waste, waste resulting from the extraction, treatment and storage of peat and inert waste.
(2) The extractive waste facilities specified in subsection 1 of this section are deemed to include any dams or other structures serving to contain, retain, confine or otherwise support such facilities. Such extractive waste facilities also include heaps, ponds or other structures, but excluding excavation voids into which waste is replaced, after extraction of the mineral, for rehabilitation and construction purposes;
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(21) A dam for the purposes of this Act means an engineered structure designed to retain or confine water or waste within a pond.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(22) A heap for the purposes of this Act means an engineered facility for the deposit of solid waste on the surface.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(23) A pond for the purposes of this Act means a natural or engineered facility, for disposing of fine-grained waste, normally tailings, along with varying amounts of free water, resulting from the treatment of mineral resources and from the clearing and recycling of process water.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(3) The construction works or the area specified in subsection 1 of this section shall be an extractive waste facility until completion of their aftercare.
(4) Extractive waste facilities are classified as Category A or Category B extractive waste facilities based on their harmfulness.
(5) Category A is assigned to an extractive waste facility if one or more of the following circumstances exist:
1) an analysis which takes account of the current or future size, location and environmental impact of the extractive waste facility indicates that a failure, e.g. collapse of a heap or breaking of a dam, or incorrect operation may cause a major accident;
2) the waste classified as hazardous waste in accordance with the regulation established on the basis of subsection 5 of § 2 of this Act in the extractive waste facility exceeds a certain limit;
[RT I, 03.12.2015, 1 – entry into force 01.01.2016]
3) the substances or preparations classified in accordance with the Chemicals Act as hazardous substances or preparations in the extractive waste facility exceed a certain limit.
(6) Category B is assigned to an extractive waste facility which does not correspond to the circumstances specified in subsection 5 of this section.
(7) The assignment of category A or B to an extractive waste facility shall be decided by the issuer of waste permits upon granting a permit for operation of the extractive waste facility.
§ 353. Financial security necessary for operation of extractive waste facility
(1) The operator of an extractive waste facility shall have the sufficient financial security for the performance of the obligations in the use, closure and aftercare of an extractive waste facility (hereinafter security). The security shall always be readily available for the restoration of an area affected by the extractive waste facility pursuant to a permit for operation of an extractive waste facility and the extractive waste management plan specified in § 421 of this Act.
(2) The security shall be calculated pursuant to the likely environmental impact of an extractive waste facility, taking into consideration the category of an extractive waste facility, the waste characteristics and the future use of the restored area, and other important facts. The issuer of waste permits shall calculate the amount of security for operation of an extractive waste facility.
(3) The calculation of the security shall be based on the assumption that independent third parties with sufficient qualifications shall provide an assessment of the necessary restoration work and perform the restoration work.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(4) The availability of the security shall be certified by a guarantee of an Estonian or international credit or financial institution previously accepted by the issuer of permits. The credit rating of the credit or financial institution shall be at least A3 (Moody’s) or A (Standard and Poor’s) and in this respect the credit rating shall not be reduced within the last three months. The security shall be effective at least until the end of the aftercare of an extractive waste facility.
(5) At the time of provision of security, the value of the security shall constitute at least 115 per cent of the provisional amount of the restoration expenses of an area affected by the extractive waste facility. If the issuer of permits determines that there is no longer an assurance that the security ensures the payment of the expenses, the issuer shall have the right to request an increase of the security or replacement of the initial security by a new security.
(6) In determination of the provisional amount of the restoration expenses of an area affected by the extractive waste facility, the expert opinion of independent third parties with sufficient qualifications shall be followed.
(7) The amount of the security shall be amended on a regular basis pursuant to the restoration work which needs to be carried out on an area affected by the extractive waste facility pursuant to the extractive waste management plan and the waste permit issued for the operation of the extractive waste facility.
(8) If the issuer of permits approves the closure of an extractive waste facility, the issuer shall give the operator a written certificate which releases the operator from the obligation to provide the security, excluding the obligations following the closure.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 36. Sorting of mixed municipal waste in course of treatment of waste before deposit
(1) In order to allow the recovery of municipal waste to the highest possible extent, mixed municipal waste shall be sorted before it is deposited in landfills.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(2) It is prohibited to deposit unsorted mixed municipal waste in landfills.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(3) [Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(4) If the additional treatment of waste to be deposited reduces the quantity of the waste or the hazard arising from the waste to human health or the environment or facilitates the handling thereof, sorted municipal waste shall be additionally treated before deposit.
(5) The requirements and procedure for separate collection and sorting of municipal waste and the bases of classification of sorted waste shall be established by a regulation of the minister in charge of the policy sector.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 37. Incineration plant and co-incineration plant
[Repealed – RT I, 16.05.2013, 1 – entry into force 01.06.2013]
§ 38. General requirements for transport of waste
Waste shall be transported in enclosed means of transport in packages or in any other appropriate manner which prevents release of waste into the environment in the course of loading or transport.
Chapter 2 Waste Management Planning
Subchapter 1 General Provisions for Waste Management Planning and Waste Management Plans
§ 39. Development of waste management
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]
(1) Waste management shall be developed on the basis of the sectoral development plan and the local government waste management plan.
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]
(2) The sectoral development plan and the local government waste management plan shall examine the situation of waste management in the territory covered by the plan, the objectives for the organisation and enhancement of waste management and measures to achieve the objectives.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(3) [Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(31) The sectoral development plan shall contain the following:
1) quantities of generated waste by types and origin, data about waste imported to the territory of the country or exported from the territory of the country and evaluation of waste streams in the future;
2) description of the existing waste collection schemes and handling infrastructure, overview of major disposal and recovery facilities, including evaluation of the need to establish new and close existing facilities, and evaluation of connected investments, including investments directed at local governments and other financial means;
3) overview of handling hazardous waste, waste oil, waste containing significant amounts of critical raw materials and other such waste streams which are subject to a separate procedure at the European Union level;
4) evaluation of the need to create new collection schemes, taking into account the material and territorial coverage of separate collection and derogations granted and measures taken in order to improve separate collection;
5) description of general waste handling policies, including overview of planned waste handling technologies or policies with regard to the waste for the handling of which it is necessary to take special measures;
6) overview of the obligations of organisations related to waste handling, including description of the distribution of liability and investments between persons in public and private law engaged in waste handling;
7) overview of organisation of information campaigns targeted at the public or a specific group of consumers;
8) information concerning the waste management facilities contaminated in the past and measures taken for the maintenance thereof;
9) description of the environmental impact resulting from the implementation of the sectoral development plan;
10) plan to reduce the depositing of waste suitable for recycling or other recovery, in particular municipal waste and biodegradable waste, and measures taken to limit depositing;
11) plan for handling packaging and packaging waste;
12) appropriate qualitative or quantitative indicators and targets, including concerning the quantity of generated waste and its treatment and concerning municipal waste that is disposed of or subject to energy recovery;
13) measures for preventing, reducing and cleaning up litter, including marine litter.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(32) In addition to the provisions of subsection 31 of this section, the sectoral development plan shall contain a waste prevention plan, including the following:
1) description of the existing measures to prevent waste generation and evaluation of their efficiency;
2) objectives of preventing waste generation and measures for their implementation, including requirements for prevention of waste generation provided in subsection 2 of § 21 of this Act;
3) qualitative and quantitative indicators for evaluating implementation of the measures specified in clauses 1 and 2 of this subsection;
4) specific food waste prevention programme.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(33) The plan specified in subsection 32 of this section shall describe the contribution of the instruments and measures listed in Annex IVa of Directive 2008/98/EC of the European Parliament and of the Council to prevention of waste generation and the examples of measures provided in Annex IV of the same Directive shall be taken into account upon evaluating and implementing the measures specified in clauses 1 and 2 of subsection 32 of this section.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(34) The sectoral development plan shall be renewed at least once every six years as of its preparation or renewal.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(4) The operator of an extractive waste facility, the holder of a permit for geological exploration or extraction permit whose activities generate waste or, if the waste is generated in the course of treatment of mineral resources, the person treating the mineral resources shall prepare an extractive waste management plan specified in § 421 of this Act for minimising, processing, recovery and disposal of extractive waste, taking into consideration the principle of sustainable development.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 40. National waste management plan
[Repealed – RT I, 13.03.2014, 2 – entry into force 23.03.2014]
§ 401. Programme for prevention of waste generation
[Repealed – RT I, 13.03.2014, 2 – entry into force 23.03.2014]
§ 41. [Repealed – RT I 2007, 19, 94 – entry into force 11.03.2007]
§ 42. Local government waste management plan
(1) Local government waste management plan means a part of the local government development plan which deals with the development of waste handling in the rural municipality or city. Several local governments may prepare a joint waste management plan. The provisions of the sectoral development plan shall be taken into account upon preparation of a waste management plan.
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]
(2) [Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(3) A local government waste management plan shall contain the following:
1) quantities of generated waste by types and origin and evaluation of waste streams in the future;
2) development of waste transport organised by a local government within the administrative territory thereof, including designation of the area or areas covered by the organised waste transport;
3) development of separate collection of waste and the corresponding time limits for specific types of waste and, where appropriate, derogations made on the basis of subsection 6 of § 31 of this Act;
4) analysis proving the alleged circumstances for release and the presence of these grounds if a derogation is prescribed on the basis of subsection 6 of § 31 of this Act for releasing from separate collection of certain waste;
5) description of the existing waste collection schemes and handling infrastructure;
6) evaluation of the need to create new collection schemes, taking into account the material and territorial coverage of separate collection and derogations granted on the basis of subsection 6 of § 31 of this Act and measures taken in order to improve separate collection;
7) financing of waste management;
8) description of general waste handling policies;
9) overview of the obligations of organisations related to waste handling, including description of the liability between persons in public and private law engaged in waste handling;
10) overview of organisation of information campaigns targeted at the public or a specific group of consumers;
11) information concerning the waste management facilities contaminated in the past and measures taken for the maintenance thereof;
12) description of the environmental impact resulting from the implementation of the local government waste management plan;
13) plan to reduce the depositing of waste suitable for recycling or other recovery, in particular municipal waste and biodegradable waste, and measures taken to limit depositing;
14) plan for handling packaging and packaging waste;
15) appropriate qualitative or quantitative indicators and targets, including concerning the quantity of generated waste and its treatment and concerning municipal waste that is disposed of or subject to energy recovery;
16) measures for preventing, reducing and cleaning up litter, including marine litter.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 421. Extractive waste management plan
(1) An extractive waste management plan shall promote the recycling, reuse or recovery of extractive waste if it is environmentally friendly and takes into account the current requirements.
(2) An extractive waste management plan shall ensure safe disposal of extractive waste. In the preparation of an extractive waste management plan, at the design stage of an extractive waste facility, there shall be primarily taken into consideration the management of an extractive waste facility at the time of its operation and after its closure and there shall be chosen a project that meets the following requirements:
1) requiring minimal or, if possible, does not requiring at all the aftercare and supervision of a closed extractive waste facility;
2) preventing or at least minimising the long-term adverse impact which emanates e.g. from pollutants emitted by an extractive waste facility through air or water;
3) ensuring long-term geotechnical stability of dams or heaps rising above the existing ground level.
(3) An extractive waste management plan shall be submitted to the issuer of permits for approval if:
1) a waste permit is necessary in accordance with clauses 7 and 8 of subsection 2 of § 73 of this Act for the generation of waste and tailings from the extraction and treatment of mineral resources and operation of an extractive waste facility;
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
2) waste is generated in the course of exploration or extraction, if a waste permit is not required – together with the application for a relevant permit, based on the requirements established by the Earth's Crust Act.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(4) The issuer of permits specified in subsection 3 of this section shall approve an extractive waste management plan meeting the requirements simultaneously with granting the permit. An extractive waste management plan shall constitute an integral part of a waste permit.
(5) The operator shall review an extractive waste management plan at least every five years and amend the plan if significant changes have occurred in the operation of the extractive waste facility or the deposited waste. The amended extractive waste management plan shall be submitted to the issuer of permits specified in subsection 3 of this section who shall approve it within five working days. The amendments shall be deemed to be effected as of the approval of the amended extractive waste management plan. A change in the structure or activities of an extractive waste facility, which in the opinion of the issuer of permits may materially damage the human health or the environment, shall be considered significant.
[RT I, 04.01.2013, 12 – entry into force 14.01.2013]
(6) The requirements which specify the contents of an extractive waste management plan, including the specific procedure for the submission, approval and review of the extractive waste management plan, shall be specified by a regulation of the minister in charge of the policy sector.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 43. Updating of local government waste management plan
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]
(1) Updating of a local government waste management plan means regular review of the waste management plans and making of amendments thereto, including the derogations specified in subsection 6 of § 31 of this Act. The provisions concerning the proceedings relating to preparation of a local government waste management plan apply to the updating of a local government waste management plan.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(2) [Repealed – RT I, 13.03.2014, 2 – entry into force 23.03.2014]
(3) [Repealed – RT I, 13.03.2014, 2 – entry into force 23.03.2014]
(4) [Repealed – RT I 2007, 19, 94 – entry into force 11.03.2007]
(5) A local government waste management plan together with the analysis specified in clause 4 of subsection 3 of § 42 of this Act is updated at least every five years.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(6) In addition to the provisions of subsection 5 of this section, a local government waste management plan is updated if necessary within one year after approval of the sectoral development plan or the local government development plan.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 44. Rights and obligations of the minister in charge of the policy sector and local governments in waste handling planning
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(1) The minister in charge of the policy sector shall co-ordinate the activities of the counties and local governments in preparation and implementation of local government waste management plans.
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]
(2) [Repealed – RT I, 13.03.2014, 2 – entry into force 23.03.2014]
(3) Local governments may demand information from persons, agencies and producers' associations free of charge concerning their waste-related activities if this is necessary for preparation or updating of a local government waste management plan.
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]
(4) A local government may require that persons, agencies and producers' associations which operate within the administrative territory thereof prepare waste management plans in accordance with subsection 3 of § 39 of this Act at their own expense and submit them to the local government if this is necessary for preparing or updating the local government waste management plan.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(5) The minister in charge of the policy sector and local governments shall preserve the information collected in the course of preparation of the sectoral development plan and its implementing document, and a local government waste management plan pursuant to the procedure provided by law.
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]
Subchapter 2 Preparation of National Waste Management Plan
[Repealed - RT I, 13.03.2014, 2 - entry into force 23.03.2014]
§ 45. – § 54. [Repealed – RT I, 13.03.2014, 2 – entry into force 23.03.2014]
Subchapter 3 Preparation of Local Government Waste Management Plan
§ 55. Co-ordination of draft local government waste management plan
A draft local government waste management plan shall be submitted to the Environmental Board for comments before adoption of the draft.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]
§ 56. Public display of and public discussion concerning draft local government waste management plan
(1) A local government shall organise public display of a draft local government waste management plan and at least one public discussion for deliberations on the draft.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(2) A notice of the time and place of public display of a draft local government waste management plan shall be published in a local newspaper at least two weeks before the public display. A draft local government waste management plan shall be placed on public display for at least two weeks.
(3) A notice of the time and place of a public discussion for deliberations on a draft local government waste management plan shall be published in a local newspaper at least two weeks before the public discussion.
(4) A public discussion need not be held if no proposals or objections are submitted during the public display.
§ 57. Submission of opinions during public display of or public discussion concerning draft local government waste management plan, and consideration of proposals and objections submitted
(1) Everyone has the right to submit proposals and objections concerning a draft local government waste management plan during the public display of the draft.
(2) Everyone has the right to submit his or her opinion on a draft waste management plan orally at the discussion for deliberations on the draft.
(3) The rural municipality or city government shall review the proposals and objections submitted during the public display of or a public discussion concerning a draft waste management plan and, if necessary, decide on amendment of the draft plan according to the proposals and objections submitted.
§ 58. Publication of results of public display of and public discussion concerning draft local government waste management plan
A rural municipality or city government shall publish the results of the public display of and the public discussion concerning a waste management plan in a local newspaper.
§ 59. Adoption of local government waste management plan
(1) A local government waste management plan shall be adopted by the local government council.
(2) A joint local government waste management plan enters into force after it has been adopted by all the local government councils co-operating for the plan.
§ 591. Publication of local government waste management plan
A local government waste management plan shall be published on the website of the local government.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
Chapter 3 Special Conditions for Handling Hazardous Waste
§ 60. Prohibition on mixing hazardous waste
(1) Mixing of hazardous waste with other types of hazardous waste, non-hazardous waste or any other substances or materials is not permitted, except in the case provided for in § 61 of this Act.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
(2) Waste which has already been mixed shall be separated if this is technically possible and if this is necessary for the prevention of potential health or environmental hazards.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(3) Waste which has been mixed ignoring the provisions of subsection 1 of this section shall be delivered to a person with a corresponding permit for handling.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 61. Mixing of hazardous waste
(1) Mixing of hazardous waste with other types of hazardous waste or with non-hazardous waste or any other substances or materials is permitted if the provisions of subsections 1 and 3 of § 29 of this Act are complied with in order to prevent or, if prevention is not possible, reduce the health or environmental hazards resulting from the waste.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(2) Hazardous waste shall not be mixed for the purpose of reclassification of hazardous waste into non-hazardous waste by way of diluting and thereby reducing the original content of hazardous waste below the limit value for classification as hazardous waste.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
§ 62. Packaging and marking of hazardous waste
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(1) In the course of collection, storage and transport of hazardous waste, the waste shall be packaged in order to prevent the health and environmental hazards resulting from the waste and facilitate their recovery or disposal.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(2) A waste holder is required to label hazardous waste, except the hazardous waste produced by households, or their packaging before the waste is transferred to the waste handler.
(3) The procedure for labelling hazardous waste and packaging of hazardous waste shall be established by a regulation of the minister in charge of the policy sector.
§ 63. Transport of hazardous waste
Hazardous waste shall be transported pursuant to the procedure provided for in legislation concerning transport of dangerous goods and in international agreements.
§ 64. Consignment note for hazardous waste
(1) Consignment note for hazardous waste (hereinafter consignment note) means a document which contains information concerning the type, composition, quantity and main properties of the hazardous waste transferred for handling and the producer of such waste, the person who transfers the waste for handling, the transport operator and the consignee.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(2) A consignment note shall be prepared for the transport of hazardous waste before the start of the transport as a digital document in the database of consignment notes for hazardous waste.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(21) The provisions of subsections 1 and 2 of this section do not apply to natural persons or rescue service agencies upon transfer of hazardous waste produced in households or collected in the course of rescue work to waste handlers.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
(22) The database of consignment notes for hazardous waste is a database belonging to the state information system and its purpose is to monitor transport of hazardous waste in real time on the basis of the data of the consignment notes prepared under this section.
[RT I, 25.11.2016, 2 – entry into force 05.12.2016]
(23) The database of consignment notes for hazardous waste shall be established and the statutes of the database shall be approved by a regulation of the minister in charge of the policy sector.
[RT I, 25.11.2016, 2 – entry into force 05.12.2016]
(3) A consignment note shall be prepared by the person who transfers waste for transport if the person holds an environmental protection permit for handling hazardous waste.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(4) If the person transferring waste does not hold an environmental protection permit for handling dangerous waste, a consignment note shall be prepared by the consignee of waste holding an environmental protection permit for handling hazardous waste. If a required consignment note is not prepared before the start of transport, the consignee of waste must prepare the consignment note before the receipt of waste.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(41) The person holding an environmental protection permit specified in subsections 3 and 4 of this section shall prove the transfer or receipt of waste in the digital document prepared in the database specified in subsection 2 of this section.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(5) The dataset for a consignment note for hazardous waste and the procedure for preparation, forwarding and registration of consignment notes shall be established by a regulation of the minister in charge of the policy sector.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 65. Organisation of hazardous waste management
(1) Development of a network of hazardous waste management facilities shall be organised by the minister in charge of the policy sector in accordance with the sectoral development plan.
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]
(2) Local governments shall organise collection of hazardous waste produced by households within their administrative territories and transfer of the waste to waste handlers, except in the case specified in subsection 1 of § 26 of this Act.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
§ 651. Waste oils
(1) For the purposes of this Act, waste oils means mineral or synthetic lubricant or industrial oils, primarily oils used in internal combustion engines and gearbox oils, lubricating oils, oils for turbine and hydraulic oils, which is no longer suitable for the original intended use.
(2) Regeneration of waste oils means any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and the additives contained in such oils;.
(3) If this is technically feasible, waste oils are collected separately.
(4) Types of waste oils of different characteristics shall not be mixed with each other or with other types of waste or substances if such mixing prevents their regeneration or other recycling operations.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(5) Upon recovery of waste oils, regeneration of waste oils or other recycling operations delivering an equivalent or a better overall environmental outcome than regeneration must be preferred, taking into account the provisions of subsection 2 of § 221 of this Act.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
Chapter 4 Waste Handling Organised by Local Governments
[RT I 2007, 19, 94 - entry into force 11.03.2007]
§ 66. Organised waste transport
(1) Organised waste transport means collection and transport of municipal waste from a designated area to a specific waste management facility or facilities by an undertaking chosen by way of a competition organised by the local government.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(11) [Repealed – RT I, 08.07.2014, 2 – entry into force 01.10.2014]
(2) Local governments shall organise the collection and transport of municipal waste, primarily garbage or mixed municipal waste, their sorting residues and the types of waste resulting from separate collection of waste at the site of generation of municipal waste within their administrative territories. Organised waste transport may also comprise other types of municipal waste or other waste if this is necessary for the performance of the requirements of this Act or if this is necessary due to a significant public interest.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(3) A local government may decide not to organise waste transport in low-density areas of its administrative territory where organised waste transport would be excessively costly due to the small number and disproportionate location of waste producers and the small quantities of waste, and organised waste transport is not necessary from the point of view health and environmental protection.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(4) The types of waste subject to organised waste transport, the transport areas, the frequency and time of transport and the procedure for determining the waste transport fees shall be established by a regulation of the rural municipality or city council.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(5) Waste transport fees shall be sufficient to cover the costs of establishment, operation, closure and aftercare of waste treatment facilities and the costs of waste transport and the costs related to preparation of transport.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(6) The amount of a waste transport fee shall be determined on the basis of the type, quantity and properties of waste, the frequency of waste transport services, and other circumstances which have a significant impact on the cost of waste handling.
(7) An undertaking who provides the service of transport of municipal waste in a local government with at least 40,000 residents is a provider of the services of general interest within the meaning of the General Part of the Economic Activities Code Act.
[RT I, 03.03.2017, 1 – entry into force 01.07.2017]
§ 67. Choice of waste transport operator
(1) For the purpose of finding a provider of the service of organised waste transport, a local government shall, independently or in cooperation with other local governments, organise a procedure for entry into a concession contract in accordance with the provisions of the Public Procurement Act. In the latter case, the administrative territories of the cooperating local governments may form a single transport area, taking account of the number of residents in the area provided in subsection 5 of this section.
[RT I, 01.07.2017, 1 – entry into force 01.09.2017]
(2) A local government council may authorise another local government, a non-profit association or foundation whose member the local government is and which, pursuant to its articles of association, can only have local governments or local government associations as its members to perform the functions related to the organisation of a public procurement for organised waste transport pursuant to the procedure provided in § 43 of the Public Procurement Act.
[RT I, 01.07.2017, 1 – entry into force 01.09.2017]
(3) A local government shall prepare public procurement source documents for entry into a concession contract for organised waste transport, taking account of the provisions of subsection 4 of § 77 of the Public Procurement Act and considering the specifications provided in this subsection. The public procurement source documents for a concession contract for organised waste transport services shall, among other matters, set out the following conditions:
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
1) transport area;
2) types of waste to be transported;
3) estimated quantities of waste;
4) waste management facility;
5) term of the public contract;
6) transport conditions – frequency, time and technical conditions of transport;
7) operations for which the waste transport operator charges fees;
8) the number of one-family houses and apartment houses, and number of apartments in apartment houses located within the transport area.
(4) The public procurement source documents for a concession contract for organised waste transport services specified in subsection 3 of this section shall be presented before commencement of the public procurement to the Environmental Board for obtaining an opinion and if necessary, the Environmental Board shall make proposals within two weeks after receiving the public procurement source documents for supplementing or amending these.
[RT I, 01.07.2017, 1 – entry into force 01.09.2017]
(5) The transport area specified in clause 1 of subsection 3 of this section shall be determined such that the minimum size of the area ensures filling of the waste truck in one collection round and the number of residents in the area does not, as a general rule, exceed 30,000.
(6) A transport area shall be determined by the local government council on the basis of the estimated waste quantities, the specific character of the built-up area and the road and street network.
(7) The body organising the public procurement for organised waste transport shall publish the decision on entry into a contract with the provider of the organised waste transport service in a local newspaper.
[RT I 2010, 44, 260 – entry into force 01.01.2011]
§ 68. Right to carry out waste transport
(1) The person who has entered into a public contract with the local government as a result of a public procurement for organised waste transport has the right to provide the service of organised waste transport in respect of the determined types of waste and in the transport area. The term of a public contract to be entered into with the provider of the service of organised waste transport shall be up to five years.
[RT I 2010, 44, 260 – entry into force 01.01.2011]
(2) The right specified in subsection 1 of this section shall be exercised in accordance with the requirements and term established by the registration.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 69. Subscription to organised waste transport services
(1) A waste holder is considered to have subscribed to the organised waste transport services provided in the waste transport area of the place of residence or business of the waste holder. The waste holder is deemed to have subscribed to the organised waste transport services as of the entry into force of the registration for organised waste transport issued by the local government or of a regulation specified in subsection 4 of § 66 of this Act. The time after the entry into force of the permit or regulation is deemed to be the time of subscription.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(11) A local government shall inform a waste holder in writing about the date as of which the waste holder is subscribed to organised waste transport.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(2) For the purposes of this Chapter, waste holder means also an apartment association or, in the absence thereof, the owner of the immovable where a summer house, dwelling or business premises are situated.
(3) [Repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
(4) If a local government is convinced that nobody lives on a registered immovable or a registered immovable is not being used, it may, as an exception, release the waste holder from subscription to organised waste transport for a certain term on the basis of a request of the waste holder.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(41) All persons holding an environmental protection permit are released from the obligation to subscribe to organised waste transport.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(42) In order to determine the term provided for in subsection 4 of this section, the local government shall conduct a prior on-site inspection to verify that the circumstances for release of the waste holder from subscription to organised waste transport are true and enable the release.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(43) If a local government has organised the collection of packaging waste at source in accordance with subsection 5 of § 31 or subsection 2 of § 66 of this Act and waste holders are charged more than 0.30 euros per collection as a fee for the service of collecting packaging waste at source, the waste holder has no obligation to subscribe to this service pursuant to the procedure for organised waste transport.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(5) The waste holder specified in subsection 4 of this section shall present a written confirmation to the local government by 20 January of the following year that nobody has lived on the registered immovable or the registered immovable has not been used during the year.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(51) A waste holder who fails to present the confirmation by the due date specified in subsection 5 of this section shall be considered to have subscribed to the organised waste transport as of 21 January.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(6) [Repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 70. Recovery and disposal of waste
(1) Local governments shall organise recovery or disposal of the waste subject to organised waste transport. Local governments may organise also recovery or disposal of other waste.
(2) The purpose of recovery organised in accordance with subsection 1 of this section regarding the types of waste subject to organised waste transport is, inter alia, to achieve municipal waste recycling targets specified in subsections 1 and 2 of § 1363 of this Act.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 71. Local government waste handling rules
(1) Waste handling rules for organising waste management within a local government shall be established by a regulation of the local government council.
(2) Waste management rules shall set out:
1) organisation of waste handling and storage and the relevant technical requirements, such as the type, material and size of collection containers, the bottom structure and location of the containers, the use of shared collection containers;
[RT I 2010, 44, 260 – entry into force 19.07.2010]
11) the procedure for separate collection of municipal waste established on the basis of subsection 5 of § 36 of this Act;
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
2) the measures for preventing or, if this is not possible, reducing hazards to human health and the environment resulting from waste, including regular removal of municipal waste from high density areas at least once every four weeks and from low density areas at least once every 12 weeks. Municipal waste may be regularly transported from a high density area, where composting of biological waste at the place of generation of waste is ensured, once every 12 weeks;
[RT I, 08.07.2014, 2 – entry into force 07.01.2015, in accordance with clause 53 of Judgment No. 3-4-1-34-14 of Constitutional Review Chamber of Supreme Court of 6 January 2015 (RT I, 06.01.2015, 21): "In the current constitutional review matter on the basis of § 12 of the Constitutional Review Court Procedure Act the Supreme Court suspended the entry into force of the Waste Act Amendment Act (RT I, 08.07.2014, 2) until entry into force of Judgment of the Supreme Court (Ruling of Constitutional Review Chamber of Supreme Court of 25 September 2014 in matter No. 3-4-1-34-14). This Judgment of the Supreme Court enters into force in conformity with subsection 2 of § 58 of the Constitutional Review Court Procedure Act upon pronouncement on 6 January 2015. Thus, the Waste Act Amendment Act (RT I, 08.07.2014, 2) enters into force on 7 January 2015."]
21) requirements for composting biological waste to ensure composting pursuant to clause 2 of subsection 2 of this section;
[RT I, 08.07.2014, 2 – entry into force 07.01.2015, in accordance with clause 53 of Judgment No. 3-4-1-34-14 of Constitutional Review Chamber of Supreme Court of 6 January 2015 (RT I, 06.01.2015, 21): "In the current constitutional review matter on the basis of § 12 of the Constitutional Review Court Procedure Act the Supreme Court suspended the entry into force of the Waste Act Amendment Act (RT I, 08.07.2014, 2) until entry into force of Judgment of the Supreme Court (Ruling of Constitutional Review Chamber of Supreme Court of 25 September 2014 in matter No. 3-4-1-34-14). This Judgment of the Supreme Court enters into force in conformity with subsection 2 of § 58 of the Constitutional Review Court Procedure Act upon pronouncement on 6 January 2015. Thus, the Waste Act Amendment Act (RT I, 08.07.2014, 2) enters into force on 7 January 2015."]
3) list of the waste transport areas within the territory of the local government where subscription to organised waste transport services is obligatory;
4) requirements for handling waste not covered by organised waste transport;
5) the procedure for collecting hazardous waste produced by households from the residents and for transferring the waste to an undertaking holding an environmental protection permit for handling hazardous waste;
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
6) the procedure for handling the waste produced by persons providing health care or veterinary services within the territory of the local government;
7) collection sites for construction and demolition waste, including wood, concrete, bricks, tiles, ceramics, stones, metal, glass, plastic and plaster collected separately at source, and the requirements for their handling;
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
8) waste collection site or sites where waste collected by organised waste transport services shall be delivered for further transport, providing also information about the sites for preparing for re-use;
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
9) organisation of supervision over waste handling in the territory of the local government;
10) requirements for aftercare of the waste management facilities, except landfills, in the territory of the local government;
[RT I 2007, 19, 94 – entry into force 11.03.2007]
11) requirements for development of separate collection of waste, with the time limits for separate collection by types of waste, and the derogations prescribed on the basis of subsection 6 of § 31 of this Act;
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
12) organisation of waste collection in low density areas;
[RT I 2010, 44, 260 – entry into force 19.07.2010]
13) collection sites for bulky waste which are not further than 15 kilometres from the waste holder.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(3) Draft local government waste handling rules shall be submitted to the Environmental Board for an opinion, the waste handling procedure of a health care provider to the Health Board for an opinion and the waste handling procedure of a provider of veterinary services to the veterinary centre of the county for an opinion, and proposals for amending the rules shall be submitted by the corresponding bodies within two weeks.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]
§ 711. Register of waste holders
(1) A local government shall establish the register of waste holders and the procedure for maintaining the register by a regulation.
(2) A local government has the right to receive, without charge, information relating to the data in the register specified in subsection 1 of this section from waste transport operators operating in the waste transport area.
[RT I 2010, 44, 260 – entry into force 01.01.2011]
Chapter 5 Financing of Development of Waste Handling
[Repealed - RT I, 23.10.2018, 1 - entry into force 30.10.2018]
§ 72. Support of development of waste handling
[Repealed – RT I, 23.10.2018, 1 – entry into force 30.10.2018]
Chapter 6 Waste Permits and Registration of Waste Handlers
[RT I, 21.12.2019, 1 - entry into force 01.01.2020]
Subchapter 1 Waste Permit
[RT I, 21.12.2019, 1 - entry into force 01.01.2020]
§ 73. Waste permits
(1) A waste permit grants a person handling waste or waste producer the right to carry out one or several of the waste handling operations specified in subsection 2 of this section, and determines the requirements for exercising the right.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(2) A waste permit is required for:
1) disposal of waste;
2) waste recovery;
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
3) recovery or disposal of hazardous waste as a part of economic activities;
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
4) recovery or disposal of waste metal as a part of economic activities;
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
5) [Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
6) [Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
7) [repealed – RT I, 17.03.2023, 3 – entry into force 01.04.2023]
8) operation of an extractive waste facility;
9) operation of a landfill;
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
10) aftercare of a landfill and an extractive waste facility.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(3) [Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(4) A waste permit is not required:
1) from natural persons who handle the waste produced by their households themselves in accordance with the requirements of this Act;
2) from the Rescue Board for the collection and transport of waste generated in the course of rescue work or explosives removal;
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
3) from persons who have been granted the right for such activities by an integrated permit;
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
4) from state authorities and educational institutions for use of waste in the course of training exercises if the conditions of such use are approved by the Environmental Board.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(41) [Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(5) The minister in charge of the policy sector has the right to establish, by a regulation, requirements for recovery, or disposal at the place of production, of certain types and quantities of non-hazardous waste upon compliance with which a waste permit is not required for handling the waste.
§ 74. Registration of waste handlers
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020
§ 75. Waste permit for waste generation
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
Subchapter 2 Granting, Amendment, Suspension, Revocation and Content of Waste Permits
§ 76. Authority issuing waste permits
(1) Waste permits are issued by the Environmental Board (hereinafter issuing authority).
[RT I 2009, 3, 15 – entry into force 01.02.2009]
(2) [Repealed – RT I 2009, 3, 15 – entry into force 01.02.2009]
§ 77. Applying for waste permits
(1) [Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(2) [Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(3) [Repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
(4) A separate waste permit for waste management is required for each waste management facility, installation and place of waste generation.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(5) [Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 78. Application for waste permit
(1) In addition to the provisions of subsection 1 of § 42 of the General Part of the Environmental Code Act, the following is indicated in an application for a waste permit:
1) types of waste handled and quantities, in tons, of waste handled during the calendar year;
2) a description of waste generated as a result of handling processes and a description of the subsequent handling or delivery thereof;
3) a description of the characteristics of waste management operations and waste handling technology;
4) a description of the technical units of waste management facilities with location data;
5) the annual handling volume of the waste management facility and the handling capacity that has been set up for each waste handling operation and technology in tons per year;
6) the maximum amount of waste that can be stored at a waste management facility in tons and cubic metres and the layout plan of stored waste;
7) upon storing waste at a waste management facility, the estimated time for referral of waste to recovery or disposal;
8) a description of measures intended for the prevention of waste production and reduction of the quantities of waste;
9) a description of the intended health and environmental protection measures to be applied upon commencement and termination of activities, including a plan for the aftercare of waste management facilities;
10) a comparison of the technological processes used in and the technical supply of waste management with the best available technology.
(2) If a waste permit is applied for in order to handle waste resulting from products of concern, the application must include data proving the achievement of recovery and recycling targets provided for in the regulation established on the basis of subsection 3 of § 26 of this Act. Data is not required for the transport, repackaging and storage of waste resulting from products of concern.
(3) If a waste permit is applied for in order to handle hazardous waste or operate a landfill or an extractive waste facility, the applicant shall submit to the issuing authority documents that describe the duties and responsibility of the natural person responsible for the operation of the requested activity in compliance with technical and environmental requirements, and prove the competence of the said natural person.
(4) Requirements for the relevant training and competence of the responsible person specified in subsection 3 of this section shall be established by a regulation of the minister in charge of the policy sector.
(5) A person who has acquired foreign professional qualifications may also act as the person responsible for hazardous waste management if his or her professional qualifications have been recognised in accordance with the Recognition of Foreign Professional Qualifications Act. The competent authority provided for in subsection 2 of § 7 of the Recognition of Foreign Professional Qualifications Act is the Environmental Board.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 79. Opinion of local government concerning application for waste permit
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 791. Open proceedings for granting waste permit
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 80. Granting and notification of waste permit
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 81. Content of waste permit
(1) [Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(2) In addition to the provisions of subsection 1 of § 53 of the General Part of the Environmental Code Act, the following is indicated in a waste permit:
1) types of waste handled and quantities, in tons, of waste handled during the calendar year;
2) permitted waste management operations and a description thereof;
3) technical and environmental requirements established for the activities;
4) time of commencement and termination of the activities;
5) handling capacity at the waste management facility or facilities for each waste handling operation and technology in tons per calendar year;
6) the maximum amount of waste that can be stored at a waste management facility in tons and cubic metres based on the technical and spatial potential of the facility and the storage method of waste;
7) upon storing waste, the estimated time for referral of waste to recovery or disposal.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 82. Term of validity of waste permit
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 83. Refusal to grant waste permit
(1) In addition to the grounds provided for in subsection 1 of § 52 of the General Part of the Environmental Code Act, the issuing authority shall refuse to grant a waste permit if the applicant's activities are to a significant extent contrary to the sectoral action plan concerning the environment or the local government's waste management plan.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(2) [Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 84. Amendment of waste permits
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 85. Suspension and revocation of waste permits
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(1) In addition to the grounds provided for in subsection 1 of § 61 of the General Part of the Environmental Code Act, the issuing authority may suspend the waste permit for up to three months if the holder of the permit fails to submit a report on waste for the waste management facility related to the waste permit during the term.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(11) In addition to the grounds provided for in subsection 2 of § 62 of the General Part of the Environmental Code Act, the issuing authority may revoke a waste permit if the holder of the permit repeatedly fails to submit a report on waste for the waste management facility related to the waste permit during the term.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(2) [Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 86. Terms for proceedings for granting, amendment or revocation of waste permit, and formats of waste permit and application for waste permit
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 87. State fee for application for or amendment of waste permit
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
Subchapter 3 Permit for Recovery and Disposal of Metal Waste
[RT I, 21.12.2019, 1 - entry into force 01.01.2020]
§ 88. Additional information to be submitted when applying for waste permit for collection and transport of waste metal
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 89. Refusal to grant waste metal permit if the applicant has criminal record
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
In addition to the cases provided for in § 52 of the General Part of the Environmental Code Act, the issuing authority shall refuse to grant a waste permit for the recovery and disposal of metal waste if the sole proprietor or a member of the management board or supervisory board of a company applying for the permit has committed an environmental crime, a criminal offence against property or an economic criminal offence and the information concerning punishment for the crime or offence has not been deleted from the criminal records database.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 90. Place of deposit of waste metal permit
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
Subchapter 4 Waste Permit for Operation and Aftercare of Landfill or Extractive Waste Facility
[RT I, 21.12.2019, 1 - entry into force 01.01.2020]
§ 91. Applying for waste permit for operation of landfill
(1) In addition to the information specified in § 78 of this Act, an applicant for a waste permit for operating a landfill (hereinafter landfill permit) shall submit the following information to the issuing authority:
1) information concerning the quantities of waste to be deposited, broken down by waste codes and types;
2) information concerning the proposed capacity of the landfill in volume and mass units;
3) a description of the site of the landfill, including its hydrogeological and geological characteristics;
4) a document proving a warranty or financial security of a credit or financial institution or insurance undertaking located in the European Economic Area;
5) descriptions of measures applied in organising the operation of the landfill to prevent accidents and limit their harmful consequences;
6) information concerning the class of the planned landfill;
7) a plan for the closure and aftercare of the landfill;
8) a plan for operation, monitoring and control actions;
9) a description of measures planned for the prevention and reduction of pollution.
(11) A warranty and financial security of a credit or financial institution or insurance undertaking specified in clause 4 of subsection 1 of this section must be valid for the entire period of operation, closure and aftercare of the landfill to ensure that the operator is able to perform its duties.
(2) With the consent of the Environmental Board, the requirement specified in clause 4 of subsection 1 of this section may be chosen not to be implemented in the case of a landfill for inert waste.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 92. Verification of information submitted in application for landfill permit
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 93. Content of landfill permit
In addition to the information provided for in subsection 2 of § 81 of this Act, a landfill permit shall set out:
1) the class of the landfill according to subsection 4 of § 34 of this Act;
2) the types of waste to be deposited in the landfill according to the list of waste, and the quantity of waste either as total quantity or, if necessary, by types of waste or as a sum of waste quantities in terms of types of waste;
[RT I 2010, 44, 260 – entry into force 19.07.2010]
3) requirements for operation of the landfill and for environmental monitoring and supervision;
4) the obligation of the applicant to report at least annually by the designated due date to the issuing authority on the types and quantities of waste accepted in the landfill and on the results of environmental monitoring, and the procedure for notifying the issuing authority.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 94. Refusal to grant landfill permit
In addition to the provisions of subsection 1 of § 83 of this Act, the issuing authority shall refuse to grant a landfill permit if:
1) the applicant does not have a warranty or financial security specified in clause 4 of subsection 1 of § 91 of this Act;
2) the landfill does not conform to the requirements established on the basis of § 33 this Act;
3) the documents concerning the technical and professional training of the staff specified in subsection 3 of § 78 of this Act do not confirm that the staff of the landfill have the skills necessary for operation in the area of activity set out in the application;
4) the necessary measures to prevent accidents and limit their consequences are not implemented when operating the landfill.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 941. Waste permit for operation of extractive waste facility
(1) The provisions of this Subchapter, except for the provisions in clause 7 of subsection 1 of § 91 and clause 1 of § 93, apply to the granting of a permit for operation of an extractive waste facility. The provisions of clause 4 of subsection 1 of § 91 and clause 1 of § 94 of this Act do not apply to a waste permit for operation of an extractive waste facility established for the purpose of disposal of the waste specified in subsections 32 and 34 of § 1 of this Act.
(2) In addition to the provisions of § 78 of this Act and the information referred to in subsection 1 of this section, a person applying for a waste permit for operation of an extractive waste facility shall provide the issuing authority with:
1) information concerning possible alternative locations for the extractive waste facility;
2) an extractive waste management plan;
3) information concerning the proposed capacity of the extractive waste facility;
4) a description of the site of the extractive waste facility, including its hydrogeological and geological characteristics;
5) a written confirmation of a financial security for the performance of the operator's obligations upon operation, closure and aftercare of the extractive waste facility.
(3) The information provided in the extractive waste management plan appended to the application for a permit specified in subsection 1 of this section need not be presented in the application.
(4) If a permit is being granted for operation of a Category A extractive waste facility and the issuing authority is aware that the operation entails an environmental hazard in another country or it the relevant information is requested by a Member State of the European Union who may be affected by the hazard, the issuing authority shall forward the information provided in the application for a permit to the other Member State simultaneously with publishing the application on the national level.
(5) In addition to the information referred to in subsection 2 of § 81 of this Act and subsection 2 of this section, the following shall be indicated on the waste permit for operation of an extractive waste facility:
1) the category of the extractive waste facility according to subsection 4 of § 352 of this Act;
2) the quantity of the waste to be deposited in the extractive waste facility by types of waste;
3) requirements for operation of the extractive waste facility and for environmental monitoring and supervision;
4) the obligation to provide, by the due date set, at least annual information to the issuing authority on the types and quantities of waste deposited in the extractive waste facility and the results of environmental monitoring.
(6) In addition to the provisions of subsection 1 of § 83 of this Act, the issuing authority shall refuse to grant a waste permit for operation of an extractive waste facility if:
1) the applicant does not have a warranty specified in clause 4 of subsection 1 of § 91 of this Act;
2) no extractive waste management plan has been submitted or the submitted extractive waste management plan does not conform to the requirements and the applicant has not eliminated the deficiencies during the term set;
3) the documents concerning the technical and professional training of the staff specified in subsection 3 of § 78 of this Act do not confirm that the staff of the extractive waste facility have the skills necessary for operation in the area of activity set out in the application;
4) no measures are applied in the operation of an extractive waste facility to prevent accidents or limit their consequences.
(7) In addition to the cases specified in subsection 1 of § 59 of the General Part of the Environmental Code Act, a waste permit granted for operation of an extractive waste facility shall be amended if:
1) significant changes have occurred in the operation of the extractive waste facility or the deposited waste;
2) it is necessary to change the details indicated in the permit on the basis of the information submitted by the operator or information obtained in the course of supervision;
3) it is necessary to change the requirements indicated in the permit due to changes in the extractive waste management plan or submission of a new waste management plan;
4) the principles of the best available techniques have changed to such extent that due to this it is necessary to change the conditions of the permit.
(8) In addition to the cases provided for in subsection 1 of § 62 of the General Part of the Environmental Code Act, a waste permit granted for operation of an extractive waste facility shall be revoked if:
1) the holder of the permit fails to submit a report on waste for the previous calendar year during the term;
2) circumstances specified in subsection 6 of this section exist;
3) no extractive waste management plan has been submitted or the submitted extractive waste management plan does not conform to the requirements and the holder of the permit has not eliminated the deficiencies during the term set.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 942. Waste permit for aftercare of landfill and extractive waste facility
(1) In addition to the provisions of § 78 of this Act, a person applying for a waste permit for aftercare of a landfill and an extractive waste facility shall submit to the issuing authority the data specified in clauses 7–9 of subsection 1 of § 276.
(2) In addition to the provisions of subsection 2 of § 81 of this Act, a waste permit for aftercare of a landfill and an extractive waste facility determines the following:
1) the aftercare conditions of landfills and extractive waste facilities;
2) the conditions for environmental monitoring.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
Subchapter 5 Waste Permit for Waste Incineration
[Repealed - RT I, 21.12.2019, 1 - entry into force 01.01.2020]
§ 95. Applying for waste permit for waste incineration
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 96. Content of waste incineration permit
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
Subchapter 6 Waste Permit for Waste Transport Organised by Local Governments
[Repealed - RT I, 21.12.2019, 1 - entry into force 01.01.2020]
§ 97. Applying for waste permit for waste transport organised by local governments
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 98. Content of organised waste transport permit
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
Subchapter 7 Waste Permit for Generation of Waste and Tailings from Extraction and Treatment of Mineral Resources
[RT I, 21.12.2019, 1 - entry into force 01.01.2020]
§ 981. Applying for permit for generation of waste and tailings from extraction and treatment of mineral resources
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
In addition to the information specified in § 78 of this Act, a person applying for a waste permit for the generation of waste and tailings from the extraction and treatment of mineral resources shall provide the issuing authority with an extractive waste management plan. The information provided in the extractive waste management plan appended to the application is not submitted in the application.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 982. Refusal to grant and amendment of permit for generation of waste and tailings from extraction and treatment of mineral resources
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(1) In addition to the cases provided for in subsection 1 of § 83 of this Act, the issuing authority shall refuse to grant a permit for the generation of waste and tailings from the extraction and treatment of mineral resources if:
1) no extractive waste management plan has been submitted or the submitted extractive waste management plan does not conform to the requirements and the applicant has not eliminated the deficiencies during the term set;
2) the extractive waste management plan shows that no waste or tailings are generated from the extraction or treatment of mineral resources.
(2) In addition to the provisions of subsection 1 of § 59 of the General Part of the Environmental Code Act, the authority granting the waste permit shall amend the waste permit granted for the generation of waste and tailings from the extraction and treatment of mineral resources if it is necessary to change the requirements of the permit due to changes in the extractive waste management plan or submission of a new plan.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
Subchapter 8 Environmental Protection Permit for Deposit of Waste and Waste Permit for Recovery and Disposal of Hazardous Waste
[RT I, 21.12.2019, 1 - entry into force 01.01.2020]
§ 983. Environmental protection permit for deposit of waste
(1) In addition to the information specified in §§ 78 or 988 of this Act, the person applying for a permit or registration for the deposit of waste, including deposit of waste in relation to the handling thereof, must submit to the issuing authority an application together with a document proving a warranty or financial security of a credit or financial institution or insurance undertaking located in the European Economic Area for covering the costs of organisation of handling and the handling costs of waste to be deposited.
(2) A warranty or financial security specified in subsection 1 of this section must cover the costs of organisation of handling and the handling costs of all waste the deposit of which is applied for, and must be available for the entire duration of depositing.
(3) The deposit of waste is prohibited in the absence of a warranty or financial security specified in subsection 1 of this section.
[RT I, 21.12.2019, 1 – entry into force 01.01.2021]
(4) The value of a warranty or financial security specified in subsection 1 of this section must constitute at least 115 per cent of the provisional amount of the costs of organisation of handling and the handling costs of all waste the deposit of which is applied for.
(5) There is no obligation to have a warranty or financial security specified in subsection 1 of this section:
1) for local government waste treatment plants;
2) for landfill operators with regard to waste to be deposited;
3) for operators of extractive waste facilities;
4) for persons who handle waste resulting from products of concern on behalf of a producer or a producer responsibility organisation;
5) for depositors of metal and lead-acid battery waste;
6) for persons who have an eco-management and audit scheme compliant with the requirements of Regulation (EC) No 1221/2009 of the European Parliament and of the Council.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 984. Refusal to grant environmental protection permit for deposit of waste
In addition to the provisions of subsection 1 of § 83 of this Act, the issuing authority shall refuse to grant an environmental protection permit for the deposit of waste if the applicant has no warranty or financial security specified in subsection 1 of § 983.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 985. Waste permit for recovery and disposal of hazardous waste
(1) In addition to the provisions of § 78 of this Act the applicant for a waste permit for the recovery and disposal of hazardous waste shall submit to the issuing authority:
1) a description of the management system, including work organisation documents which provide an overview of any duties, competence and responsibility of employees involved in the handling of hazardous waste;
2) a document proving a warranty or financial security of a credit or financial institution or insurance undertaking located in the European Economic Area for covering the cost of remedy of the effects of environmental pollution caused by accidents;
3) an explanation of the potential occurrence of emergencies and a description of measures to be applied in potential emergencies;
4) a confirmation of existence of technical equipment required to prepare a consignment note.
(2) The size of a warranty or financial security for the recovery or disposal of hazardous waste shall be calculated based on the following formula:
M = T × L/52, where
M – amount of warranty or other security in euros;
T – 255 euros per ton;
L – the total annual handling quantity of hazardous waste in tons as specified in the waste permit application for the handling of hazardous waste;
52 – the number of weeks per year.
(3) If the amount of the warranty or financial security calculated according to the formula set out in subsection 2 of this section is less than 6400 euros, the value of the financial security shall be 6400 euros per year.
(4) If the amount of the warranty or financial security calculated according to the formula set out in subsection 2 of this section is more than 320,000 euros, the value of the financial security shall be 320,000 euros per year.
(5) A warranty or financial security specified in clause 2 of subsection 1 of this section must exist simultaneously with the handling of hazardous waste.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 986. Refusal to grant waste permit for recovery and disposal of hazardous waste
In addition to the provisions of subsection 1 of § 83 of this Act, the issuing authority shall refuse to grant a waste permit for the recovery and disposal of hazardous waste if:
1) the applicant does not have a warranty or financial security specified in clause 2 of subsection 1 of § 985 of this Act;
2) the natural person responsible for the operation of the applicant's waste handling operations in compliance with technical and environmental requirements does not conform to the requirements for training and competence provided for in subsection 4 of § 78 of this Act or have professional qualifications in accordance with subsection 5;
3) the applicant or the natural person responsible specified in clause 3 of § 78 of this Act has been repeatedly punished for offences against environment and the information concerning punishment for the offences has not been deleted from the criminal records database;
4) the applicant lacks technical means and a possibility to prepare the consignment note certified by a digital signature specified in § 64 of this Act as an authorised user in the database of consignment notes for hazardous waste;
5) the applicant cannot prove the accomplishment of recovery and recycling targets determined on the basis of subsection 3 of § 26 of this Act with regard to handling waste resulting from products of concern.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
Subchapter 9 Registration of Waste Handlers
[RT I, 21.12.2019, 1 - entry into force 01.01.2020]
§ 987. Registration of waste handlers
(1) Registration of the waste handler's activity with the Environmental Board (hereinafter registration provider) grants the right to carry out one or several of the activities specified in subsection 2 of this section.
(2) The Environmental Board shall register the activity of a person who:
1) is exempted from the obligation to hold a waste permit based on subsection 5 of § 73 of this Act;
2) transports waste as a part of its economic or professional activities;
3) collects waste as a part of its economic or professional activities;
4) organises, as a broker, the disposal or recovery of waste on behalf of others;
5) operates as a waste dealer;
6) provides waste transport services organised by a local government.
(3) There is no registration obligation:
1) for natural persons who handle the waste produced by their households independently, taking account of the requirements established for waste holders in this Act;
2) for the Rescue Board for the collection and transport of waste generated in the course of rescue work or explosives removal;
3) for a person who has been granted the right to pursue such activities by a waste permit or an integrated permit;
4) for a transporter of waste specified in subsection 3 of § 14 of this Act, unless the said transporter of waste takes waste across the state border;
5) for a person who collects waste resulting from products of concern at the place of sale or medicinal waste from the producer of the waste and has an obligation to pursue this activity arising from legislation;
6) for state authorities and educational institutions for use of waste in the course of training exercises if the conditions of such use are approved by the Environmental Board.
(4) In the case specified in clause 1 of subsection 2 of this section or in the event of operation in the areas of activity specified in clauses 2–6, the registration provider requests application for a waste permit if the activity of the person necessitates the establishment of additional requirements or measures with a waste permit due to environmental hazards.
(5) If the person acting as a broker or dealer is the producers' responsibility organisation specified in subsection 3 of § 23 of this Act, the operation of such person is registered in the register of products of concern specified in this Act.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 988. Application for registration
(1) The applicant for registration shall submit an application with the following information and documents to the registration provider through the environmental decisions information system:
[RT I, 27.05.2022, 1 – entry into force 06.06.2022]
1) the name and personal identification code or registry code of the applicant;
[RT I, 27.05.2022, 1 – entry into force 06.06.2022]
2) the address and details of the applicant and the name and details of the contact person;
[RT I, 27.05.2022, 1 – entry into force 06.06.2022]
3) the address, e-mail address and telephone number of the place of business, including the waste management facility;
4) the area of activity at the place of business;
5) the types of waste handled and quantities, in tons, of waste handled during the calendar year;
6) a description of the planned activities with information on the technology and equipment used for handling waste;
7) the code of the planned waste handling operation determined on the basis of subsection 8 of § 15 and subsection 2 of § 17 of this Act together with a description of the activities;
8) documents proving the legitimate possession of the plot of land of the waste management facility, if there is one, or other legitimate grounds for operating at the location of the installation;
9) the annual handling volume and handling capacity of the waste management facility, if there is one, for each waste handling operation and technology in tons per year;
10) upon storing waste at a waste management facility, the maximum amount of waste that can be stored at the waste management facility in tons and cubic metres and the layout plan of stored waste;
11) the term of validity of the registration applied for;
[RT I, 27.05.2022, 1 – entry into force 06.06.2022]
12) a list of the counties where collection or transport of waste is planned;
13) upon collection or transport of hazardous waste, documents proving compliance with the requirements provided for on the basis of subsection 4 of § 78 of this Act or the training and competence of the person handling waste in accordance with subsection 5;
14) upon collection or transport of hazardous waste, documents in accordance with the requirements provided for in § 985 of this Act.
(2) The applicant of registration shall, in the course of the proceedings relating to the application for registration of waste transport organised by a local government, submit the public contract entered into for waste transport together with the annexes thereto and a copy of the administrative act of the local government certifying that the applicant was successfully selected in the public procurement specified in subsection 1 of § 67 of this Act.
(3) All collection facilities where activities are planned shall be specified in the application for registration of waste collection facilities.
(4) The registration provider shall verify within ten working days after the submission of the application, the conformity of the registration application with the requirements. If the activity applied for does not require registration or requires a waste permit, the registration provider shall notify the person applying for registration within ten working days after the submission of the application.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 989. Content of registration
(1) A registration shall indicate:
1) the name and personal identification code or registry code of the holder of registration;
2) the address and details of the holder of registration and the contact person;
3) the precise location of the place of business, and the geographical co-ordinates thereof if necessary;
4) the activity to be registered in accordance with the registration requirements provided for in this Act;
5) the term of validity of the registration act if the registration is granted for a specified term;
6) the types and quantities of waste handled in the course of a calendar year;
7) the waste handling operation code of the planned activities determined on the basis of subsection 8 of § 15 and subsection 2 of § 17 of this Act together with a description of the activities;
8) upon storing waste, the estimated time for referral of waste to recovery or disposal;
9) a list of the counties where collection or transport of hazardous or non-hazardous waste is planned.
(2) In addition to the provisions of subsection 1 of this section, the registration of waste transport organised by a local government shall set out:
1) the area from which the waste subject to waste management organised by the local government is to be collected;
2) the waste management facilities and persons to whom the waste is transferred.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 9810. Registration
(1) The registration provider shall decide on the registration of or refusal to register activities within 30 days after receipt of an application conforming to the requirements. If an application for registration is not reviewed during the term, the person's activities shall not be deemed registered by default upon expiry of the term.
[RT I, 27.05.2022, 1 – entry into force 06.06.2022]
(2) If registration is granted to a person specified in clause 1 of subsection 2 of § 987 of this Act, the registration provider may execute the registration as a part of an environmental permit.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(3) The activities are registered in the environmental decisions information system and a relevant registration certificate is issued to the applicant for registration through the environmental decisions information system.
[RT I, 27.05.2022, 1 – entry into force 06.06.2022]
(4) The registration specified in subsection 1 of this section may be made and the relevant certificate may be issued through the environmental decisions information system in an automated manner provided that the prerequisites for making a registration can be automatically verified.
[RT I, 27.05.2022, 1 – entry into force 06.06.2022]
§ 9811. Refusal to register
(1) The registration provider shall refuse to register the waste handler on the grounds specified in subsection 1 of § 52 of the General Part of the Environmental Code Act.
(2) In addition to the grounds provided for in subsection 2 of § 52 of the General Part of the Environmental Code Act, the registration provider has the right to refuse registration if:
1) the activity to be registered does not conform to the sectoral development plan or the local government waste management plan;
2) the grounds provided for in § 986 of this Act exist upon handling hazardous waste;
3) the grounds provided for in § 89 of this Act exist upon handling metal waste;
4) the applicant for registration has not submitted a report on waste for the previous calendar year for the term.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 9812. Period of validity of registration
The activity of a person specified in subsection 1 of § 987 of this Act shall be registered for an unspecified term, unless:
1) registration is applied for a specified term;
2) the planned activity is one-time.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 9813. Obligation of registered person to inform of amendment of data submitted in application for registration
A registered person is required to promptly inform the registration provider of changes in its business name, registry code and details, as well as of change or termination of the activity, and other circumstances which may affect the activity permitted on the basis of the registration, and to apply for the amendment of the registration or a new registration.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 9814. Amendment of registration
The registration provider has the right to amend the registration on the grounds provided for in subsections 1 and 2 of § 59 of the General Part of the Environmental Code Act.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 9815. Revocation of registration
(1) The registration provider shall revoke the registration of the waste handler on the grounds specified in subsection 1 of § 62 of the General Part of the Environmental Code Act.
(2) In addition to the grounds provided for in subsection 2 of § 62 of the General Part of the Environmental Code Act, the registration provider has the right to revoke a registration if:
1) the grounds for refusal to register provided for in § 9811 of this Act exist;
2) the registered person has not submitted a report on waste during the term.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
Chapter 7 Hazardous Waste Management licence
[RT I, 21.12.2019, 1 - entry into force 01.01.2020]
§ 99. Hazardous waste management licence
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 991. Notification of applications for hazardous waste management licences
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 100. Terms for granting of hazardous waste management licences and requirements set by hazardous waste management licences
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 101. Refusal to grant hazardous waste management licence
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 1011. Amendment of hazardous waste management licence
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 102. Suspension and revocation of hazardous waste management licence
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 103. Procedure and terms for proceedings for granting, amendment, suspension or revocation of hazardous waste management licences, and format of licence
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 1031. Notification of granting, refusal to issue and amendment of hazardous waste management licence
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 1032. State fee for granting and amendment of hazardous waste management licence
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
Chapter 8 Special Conditions for Collection of Waste Metal
§ 104. Waste Metal
Waste Metal means the waste mainly consisting of pure ferrous or non-ferrous metals or alloys thereof. A detailed list of waste metal shall be established by a regulation of the minister in charge of the policy sector in accordance with the list of waste prepared on the basis of subsection 4 of § 2 of this Act.
§ 105. Restriction on buying up waste metal
(1) It is prohibited to buy up metal objects as waste if the objects are of obvious artistic or historical value.
(2) Electrical wires and cable may be bought up as waste only from network operators holding legal market licences, telecommunications network operators holding activity licences or undertakings holding environmental protection permits whose lawful activities produced the waste.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(3) Traffic signs and road signs, metal covers of underground utilities and railroad rails may be bought up as waste only from undertakings holding activity licences for road management work, railway infrastructure managers or undertakings holding environmental protection permits whose lawful activities result in the production of such waste.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(4) Motor vehicles or essential parts thereof may be bought up from persons as waste only on the basis of a certificate concerning the deletion of the vehicle from the register issued by the Transportation Administration or a person authorised thereby or from undertakings holding an environmental protection permit whose lawful activities result in the production of such waste.
[RT I, 10.12.2020, 1 – entry into force 01.01.2021]
(5) The restrictions provided for in subsections 2–4 of this section do not apply to the sale of waste metal acquired in the course of supervision by the supervision authority or local government.
§ 106. Documentation concerning buying up of waste metal
(1) A person who for the purpose of further commercial distribution and recovery collects and transports waste metal produced and transferred by other persons (hereinafter collector of waste metal) and the person transferring the waste metal shall prepare a document concerning the buying up of the waste metal which shall be signed by both parties and, in addition to other requisite information provided by legislation, shall set out:
1) the registry code or personal identification code and residence or seat of the person transferring the waste metal;
2) a brief description of the waste metal, the type and amount thereof and, in the case of a motor vehicle, also the type, mark, chassis number and colour thereof;
3) the registration number of the vehicle used for delivering the waste metal;
4) the value of the waste metal.
(2) At least one signed original of a document specified in subsection 1 of this section remains with the collector of waste metal.
(3) A collector of metal waste shall preserve a document specified in subsection 1 of this section for five years and ensure protection of the personal data.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]
§ 107. Settlement upon buying up waste metal
Upon the buying-up of waste metal and commercial distribution of bought-up waste metal, the waste metal shall be paid for by way of a non-cash settlement in the form of a transfer from the bank account of the buyer to the bank account of the seller. Cash settlement upon the buying-up and further distribution of waste metal is prohibited.
Chapter 9 Transboundary Movement of Waste
§ 108. Transboundary movement of waste
(1) Transboundary movement of waste shall be in accordance with international agreements of the Republic of Estonia which have entered into force and pursuant to the procedure provided in Regulation (EC) No 1013/2006 of the European Parliament and of the Council.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(2) Hazardous waste and waste regulated by international agreements may be imported to, exported from and passed in transit through the territory of the Republic of Estonia on the basis of a permit for transboundary movement of waste (hereinafter transport permit) issued pursuant to the procedure provided for in Regulation 1013/2006/EC of the European Parliament and of the Council.
[RT I 2007, 19, 94 – entry into force 12.07.2007]
§ 1081. Inspection plans for control of transboundary movement of waste
(1) The Environmental Board and the Tax and Customs Board shall prepare inspection plans in conformity with Article 50(2a) of Regulation (EC) No. 1013/2006 of the European Parliament and of the Council.
[RT I, 10.07.2020, 2 – entry into force 01.01.2021]
(2) The inspection plans specified in subsection 1 of this section shall be published on the website of the Environmental Board.
[RT I, 25.11.2016, 2 – entry into force 05.12.2016]
§ 109. [Repealed – RT I 2007, 19, 94 – entry into force 12.07.2007]
§ 110. Transport permit for hazardous waste and for waste regulated by international agreements
(1) Transport permit means a document granting the right to import into or export from the Republic of Estonia hazardous waste or waste regulated by an international agreement or specified in Regulation (EC) No 1013/2006 of the European Parliament and of the Council or pass such waste in transit through the territory of the Republic of Estonia.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(2) For the purposes of Regulation 1013/2006/EC of the European Parliament and of the Council, the Environmental Board shall be the competent authority.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 111. State fee payable upon application for transport permit
The state fee for proceedings relating to an application for a transport permit shall be paid by the applicant pursuant to the procedure provided for in the State Fees Act.
[RT I 2004, 30, 208 – entry into force 01.05.2004]
§ 112. [Repealed – RT I 2007, 19, 94 – entry into force 12.07.2007]
§ 113. Verification of transport permit
(1) A shipment of hazardous waste or waste regulated by an international agreement shall upon import, export or transit be accompanied by a copy of the transport permit and the consignment note.
(11) A waste transport operator engaged in transboundary transport or transport between Member States of the European Union must hold an environmental protection permit regardless of whether the transported waste is in the possession thereof or not in accordance with subsection 3 of § 14 of this Act. A waste shipment must be accompanied by an environmental protection permit or a copy thereof which will be submitted, if necessary, to a competent authority or supervision authority.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(2) If a supervision authority has reasonable doubts as to whether the information specified in the consignment note or transport permit corresponds to the waste shipment, the supervision authority shall seize the shipment and notify the competent authority of the circumstances relating to the seizure.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 114. Maintenance of records on granting of hazardous waste transport permits
The Environmental Board shall maintain records on the granting of hazardous waste transport permits and shall preserve a copy of each hazardous waste transport permit granted, a copy of the corresponding application and the documents on the basis of which the permit was granted or refused to be granted for five years.
[RT I 2009, 3, 15 – entry into force 01.02.2009]
§ 1141. Presentation of information concerning transboundary transport of waste for which transport permit is not required
The person who arranges the shipment or the waste consignee in Estonia shall, within three days after arrival of the waste at the waste management facility, where the recovery or disposal operation takes place, provide the Environmental Board or an authority authorised thereby with the document containing information concerning the waste shipment which is accompanying the shipment specified in Article 18 (1) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council and is in accordance with Annex VII of the regulation.
[RT I 2010, 44, 260 – entry into force 01.01.2012]
§ 115. Procedure for import, export and transit of waste
(1) The formats for the documents for import, export and transit of waste are contained in Annexes IA and IB of Regulation (EC) No 1013/2006 of the European Parliament and of the Council.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(2) [Repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
(3) The general requirements provided in Article 18 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council apply to the packaging on which deposit has been established in Estonia upon import into the Republic of Estonia if the quantity of the waste shipment exceeds four kilogrammes.
[RT I, 04.04.2012, 2 – entry into force 14.04.2012]
Chapter 10 Maintenance of Records and Reporting
§ 116. Maintenance of records on waste
(1) [Repealed – RT I 2007, 19, 94 – entry into force 11.03.2007]
(2) Persons holding an environmental protection permit and producers of hazardous waste, except households, are required to keep, in adherence to the provisions of subsection 11 of § 28 of this Act, regular records of the type, quantity, properties and origin of the waste generated, collected, preserved or stored, transported, treated, recovered or disposed of in the course of their activities, including the quantity and properties of the substances or objects prepared for re-use or recycled. If waste is transferred to other waste handlers, records shall also be kept of the destination, frequency of collection, modes of transport of and recovery and disposal operations regarding the waste.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(3) The source documents for the records specified in subsection 2 of this section and the consolidated data produced on the basis thereof shall be stored for at least five years.
(4) Environmental supervision agencies and the controller and processor of the environmental decisions information system have the right to have access to source documents for records and to consolidated data.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 117. Reporting on waste
(1) The person specified in subsection 2 of § 116 of this Act shall submit an annual report on waste to the Environmental Board. The dataset for the report on waste and the procedure for the submission thereof shall be established by a regulation of the minister in charge of the policy sector.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(11) The obligation to submit reports on waste does not extend to the following persons:
1) persons generating hazardous waste, for whose operation no environmental protection permit is required;
2) brokers registered on the basis of clause 4 of subsection 2 of § 987 of this Act;
3) dealers registered on the basis of clause 5 of subsection 2 of § 987 of this Act.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(2) The Environmental Board has the right to require submission of a report on waste also from waste producers whose activities do not require an environmental protection permit, but who produce more than 10 tons of non-hazardous waste per year or more than 100 kilograms of hazardous waste per year.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(21) Persons other than the producer who receive from waste holders waste resulting from products of concern and recover or dispose of them are required to submit to the register of products of concern data on the handling of waste resulting from products of concern in accordance with the requirements provided for under subsection 2 of § 261 of this Act.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(22) If the person specified in subsection 21 of this section offers services to a producer of products of concern and submits data to the register of products of concern on their behalf, the obligation of the producer of products of concern to submit data on the handling of waste resulting from products of concern is deemed to be met.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
(3) The minister in charge of the policy sector and environmental supervision agencies have the right to obtain information concerning products produced in or imported into Estonia, the substances used in manufacturing the products, the waste resulting from the products and concerning the handling of the waste from the producers and importers of the products and from governmental authorities and rural municipality and city governments.
(4) Statistical works relating to waste shall be organised pursuant to the procedure provided by the Official Statistics Act.
[RT I 2010, 41, 241 – entry into force 01.08.2010]
(5) A report on waste is intended for internal use.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 118. Data processing
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
Chapter 11 State Supervision
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
§ 119. State supervision
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(1) State supervision (hereinafter supervision) over compliance with the requirements arising from this Act shall be exercised by the Environmental Board and local governments or local government agencies.
[RT I, 10.07.2020, 2 – entry into force 01.01.2021]
(2) Supervision over compliance with the requirements provided in § 27 of this Act shall be exercised taking account of the specifications provided for in Regulation (EU) 2019/1020 of the European Parliament and of the Council.
[RT I, 22.10.2021, 3 – entry into force 01.11.2021]
(21) Supervision over compliance with the requirements provided in § 291 of this Act shall be exercised by local governments or local government agencies.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(3) [Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(4) Local governments shall exercise constant supervision over compliance with the local government waste management rules within their administrative territories.
(5) In addition to the Environmental Board, supervision over compliance with the requirements of § 27 of this Act shall be exercised by the Consumer Protection and Technical Regulatory Authority and the Tax and Customs Board.
[RT I, 10.07.2020, 2 – entry into force 01.01.2021]
(6) In addition to the Environmental Board, supervision over compliance with the requirements of §§ 108 and 103 of this Act shall be exercised by the Tax and Customs Board.
[RT I, 10.07.2020, 2 – entry into force 01.01.2021]
(7) Supervision over compliance with the requirements of subsection 4 of § 25 and § 268 of this Act shall be exercised by the Consumer Protection and Technical Regulatory Authority.
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
(8) In addition to the Environmental Board, supervision over compliance with the requirements of § 272 of this Act shall be exercised by the Consumer Protection and Technical Regulatory Authority.
[RT I, 10.07.2020, 2 – entry into force 01.01.2021]
(9) Supervision over compliance with the requirements of § 272, subsection 1 of § 273 and §§ 274 and 276 of this Act shall be exercised by the Rescue Board.
(91) Supervision over compliance with the requirements provided in subsection 1 of § 211 of this Act shall be exercised pursuant to the provisions of Subchapter 2 of Chapter 4 of the Chemicals Act.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(10) Supervision over compliance of the activities relating to waste of persons holding a waste permit, persons registered with the Environmental Board and persons generating hazardous waste shall be exercised regularly.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(11) Local governments or local government agencies are required to exercise supervision over the acceptance of return and collection of products of concern or waste resulting from these on their administrative territory.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1191. Special state supervision measures
Law enforcement authorities may apply the special state supervision measures provided in §§ 30, 31, 32, 34, 45, 46, 49, 50, 51, 52 and 53 of the Law Enforcement Act upon exercising the state supervision provided in this Act on the basis of and pursuant to the procedure provided by the Law Enforcement Act.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1192. Specifications concerning state supervision
(1) For the purposes of supervision, officials of law enforcement authorities may stay in and drive vehicles, including off-road vehicles or floating vessels, in land or water areas where staying and movement is prohibited or restricted by legislation for the purpose of environment protection.
(2) The Environmental Board is obliged to inspect the compliance with waste management conditions determined by the waste permit of operators of extractive waste facilities of Category A at least once annually.
[RT I, 10.07.2020, 2 – entry into force 01.01.2021]
(3) The Environmental Board is obliged to inspect the compliance of the activities of producers' responsibility organisations with the requirements provided by the Waste Act at least once annually.
[RT I, 10.07.2020, 2 – entry into force 01.01.2021]
(4) If the special state supervision measures provided for in § 1191 of this Act do not enable or make it especially complicated to conduct supervision over compliance with the requirements provided for in §§ 105 and 107 of this Act, but it is necessary for the purpose of preventing, ascertaining or averting serious or material danger or elimination of a violation, the Environmental Board may, as a special state supervision measure, make a transaction for the purpose of monitoring compliance. The making of a transaction for the purpose of monitoring compliance shall be decided by the Director General of the Environmental Board or an official authorised thereby.
[RT I, 10.07.2020, 2 – entry into force 01.01.2021]
(5) A transaction for the purpose of monitoring compliance is an act with the features of a civil law sales contract or another transaction under the law of obligations the purpose of making of which is to monitor compliance with the requirements established by the legislation. Upon making a transaction for the purpose of monitoring compliance, the official making it may hide the purpose of making the transaction from the person in respect of whom the transaction for the purpose of monitoring compliance is made and from other persons. An official making a transaction for the purpose of monitoring compliance need not introduce himself or herself upon making the transaction and need not carry a uniform; the official is under no obligation to present his or her professional certificate prior to achievement of the purpose of making the transaction for the purpose of monitoring compliance. Upon making a transaction for the purpose of monitoring compliance, it is prohibited to conduct surveillance activities, abet a person to commit an offence or commit an act with elements of an offence, it is also prohibited to use a person recruited for secret cooperation for ensuring the making of a transaction for the purpose of monitoring compliance, simulate a legal person, use an undercover agent or covert measures within the meaning of §§ 751 and 754 –757 of the Police and Border Guard Act.
[RT I, 06.03.2015, 23 – entry into force 16.03.2015]
(6) The Environmental Board shall notify the person in respect of whom the transaction for the purpose of monitoring compliance was made, immediately after achievement of the purpose of making the transaction for the purpose of monitoring compliance, of the fact that a transaction for the purpose of monitoring compliance has been applied to the person. The Environmental Board may, by a written reasoned decision, postpone the notification of the person in respect of whom the transaction for the purpose of monitoring compliance was made if this is indispensable for continuation of supervision related to the activities of the same person or for monitoring by other persons of compliance with the requirements imposed on the making of such transactions. Notification of the person in respect of whom the transaction for the purpose of monitoring compliance was made shall not be postponed for more than three months starting from the day of making the transaction.
[RT I, 10.07.2020, 2 – entry into force 01.01.2021]
(7) The making of a transaction for the purpose of monitoring compliance shall be recorded in the minutes pursuant to the procedure provided for in § 12 of the Law Enforcement Act. The minutes of the transaction for the purpose of monitoring compliance shall additionally set out the decision that served as a basis for the transaction for the purpose of monitoring compliance, officials who have participated in the transaction for the purpose of monitoring compliance and the person in respect of whom the transaction for the purpose of monitoring compliance was made as well as other participants in the proceedings and recruited persons, testimony by the officials concerning the circumstances and results of the transaction for the purpose of monitoring compliance, the description of things and documents transferred or received as a result of the transaction for the purpose of monitoring compliance and testimony, statements and opinions by other participants in the proceedings and persons recruited in the proceedings. If notification of the person in respect of whom the transaction for the purpose of monitoring compliance was made is postponed on the basis of and pursuant to the procedure provided for in subsection 6 of this section, a reference shall be made in the minutes of the transaction for the purpose of monitoring compliance to the decision on postponement. The minutes shall be served on the person in respect of whom the transaction for the purpose of monitoring compliance was made.
[RT I, 06.03.2015, 23 – entry into force 16.03.2015]
(8) A transaction made in the course of a transaction for the purpose of monitoring compliance is void.
[RT I, 06.03.2015, 23 – entry into force 16.03.2015]
(9) Law enforcement authorities have the right to make measurements, take samples or order expert analyses and record the situation with an image or sound recorder in the course of state supervision. The costs of expert analyses shall be borne by the law enforcement authority. If it appears from the results of the samples or measuring or expert analyses that the possession or the use of the possession does not comply with the requirements of the Act or the legislation established on the basis thereof and the possessor was or should have been aware thereof, the law enforcement authority may demand compensation for the justified and documented expenses for the taking of samples, making of measurements or expert analyses from the possessor.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1193. Non-compliance levy rate
Upon failure to comply with a precept, the upper limit of non-compliance levy pursuant to the procedure provided for in the Substitutional Performance and Non-Compliance Levies Act is 32,000 euros.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
§ 1194. Use of direct coercion
The Environmental Board is permitted to use physical force on the basis of and pursuant to the procedure provided for in the Law Enforcement Act.
[RT I, 10.07.2020, 2 – entry into force 01.01.2021]
§ 1195. Specification concerning supervision upon transport of used electrical and electronic equipment
A supervisory authority may collect the costs of due analysis and inspection of used electrical and electronic equipment considered as waste electronic and electrical equipment, including the costs of storage, from the producer, a third person acting on behalf thereof or other persons who organise the consigning of such used electrical and electronic equipment which is thought to be waste electrical and electronic equipment.
[RT I, 08.07.2014, 13 – entry into force 18.07.2014]
§ 1196. Audit for purposes of supervision
(1) The Environmental Board may require an audit at the expense of a producer or a producers' responsibility organisation the purpose of which is to provide an assessment about:
1) existence of sufficient funds for financing the obligations provided in subsection 1 of § 251 of this Act;
2) compliance with the requirements for calculation of waste handling service charges for producers in accordance with subsection 41 of § 23 of this Act;
3) correctness of data submitted to the register of products of concern;
4) correctness of data collected about waste shipments pursuant to Regulation (EC) No 1013/2006.
(2) The audit specified in subsection 1 of this section shall be carried out by a sworn auditor as a limited assurance engagement within the meaning of the Auditors Activities Act.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
Chapter 12 Liability
§ 120. Violation of requirements for prevention of waste generation, for waste management or keeping record of waste
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(1) Violation of the requirements for the prevention of waste generation or for waste management, including the obligation to deliver or the requirements for delivery of waste, or for keeping a record of waste
is punishable by a fine of up to 200 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 100,000 euros.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1201. Violation of requirements for handling waste
(1) Handling of waste without a waste permit or an integrated permit, if a permit is required, or in violation of the requirements of the permit
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 400,000 euros.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1202. Handling of waste without registration or in violation of requirements of registration
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(1) Handling of waste without a registration or in violation of the requirements of the registration
is punishable by a fine of up to 100 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 200,000 euros.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1203. Handling of hazardous waste without management licence or in violation of requirements of licence
[Repealed – RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 1204. Transport of hazardous waste without consignment note or in violation of requirements of consignment note
(1) Transport of hazardous waste without consignment note, if a without consignment note is required, or in violation of the requirements of the consignment note is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 32,000 euros.
[RT I 2010, 44, 260 – entry into force 01.01.2011]
§ 1205. Violation of requirements for transboundary movement of waste
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(1) Violation of the requirements for transboundary movement of waste
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 400,000 euros.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1206. Failure to submit waste report and violation of procedure for keeping record of waste
[Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1207. Violation of requirements of local government waste management rules
(1) Violation of the waste management requirements provided by local government waste management rules is punishable by a fine of up to 200 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 20,000 euros.
[RT I 2010, 44, 260 – entry into force 01.01.2011]
§ 121. Violation of procedure for establishment, utilisation or closure of waste management facilities or extractive waste facilities
[Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 122. Placing of prohibited products on market
(1) Placing of prohibited products on the market is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 200,000 euros.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
§ 123. Transboundary movement of hazardous waste or other waste subject to international control without corresponding permit
[Repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 124. Violation of obligation to accept return, collect, recover or dispose of waste resulting from products of concern
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(1) Violation of the obligation to accept the return, collect, recover, including achieve recovery targets, or dispose of waste resulting from products of concern
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 200,000 euros.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1241. Non-performance of registration obligation by producer of products of concern or failure to designate authorised representative of producer
[Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1242. Submission of incorrect data to register of products of concern
[Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1243. Failure to submit data to register of products of concern
[Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1244. Violation of requirements for marking of products of concern
[Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1245. Violation of restriction on buying up products of concern containing hazardous substances and components separated from such products
(1) Violation of the restriction on buying up products of concern containing hazardous substances or components separated from such products
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 200,000 euros.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1246. Failure by producer to organise required notification of users of products of concern and required information campaign
(1) Failure by producer to organise required notification of users of products of concern or to organise required information campaign
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 200,000 euros.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 125. Transfer of waste for handling to person without waste permit
[Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 126. Violation of requirements for sorting mixed municipal waste or conditions for depositing waste or depositing of waste which depositing is prohibited
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(1) Violation of the requirements for sorting mixed municipal waste or the conditions for depositing waste, or the depositing of waste which depositing is prohibited
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 400,000 euros.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1261. Violation of requirements for sorting mixed municipal waste and depositing conditions
[Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1262. Violation of special conditions for handling hazardous waste
(1) Violation of the special conditions for handling hazardous waste, including the requirements for packaging and marking,
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 400,000 euros.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1263. Violation of requirements for packaging and labelling hazardous waste
[Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1264. Incineration of waste and introduction of waste into environment outside of waste management facilities
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(1) Incineration of waste or introduction of waste into the environment outside of waste management facilities, including incineration of waste on board ships,
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 400,000 euros.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1265. Violation of special conditions for collection of waste metal
(1) Violation of the restrictions on buying up waste metal, the obligation to document a buying-up or the prohibition on cash settlement
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 400,000 euros.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1266. Waste disposal at place not complying with environmental protection requirements
[Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1267. Violation of requirements for transport of waste
[Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1268. Violation of requirements for maintenance of records on products of concern and waste resulting therefrom and failure to implement self-checking system
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(1) Violation of the requirements for maintenance of records on products of concern and waste resulting therefrom or failure to implement a self-checking system
is punishable by a fine of up to 200 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 100,000 euros.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1269. Failure to comply with control requirements
[Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 12610. Violation of special requirements for extractive waste management and requirements of extractive waste management plan
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(1) Violation of the special requirements for extractive waste management, including the requirements of avoiding major accidents and notification thereof, or the requirements provided in the extractive waste management plan
is punishable by a fine of 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 300,000 euros.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 12611. Violation of requirements for prevention of and reporting on major accidents
[Repealed – RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 127. Proceedings
(1) [Repealed – RT I, 06.03.2015, 23 – entry into force 16.03.2015]
(2) Extra-judicial proceedings concerning the misdemeanours provided for in §§ 120–12611 of this Act are conducted by:
[RT I 2010, 44, 260 – entry into force 19.07.2010]
1) the Environmental Board;
[RT I, 10.07.2020, 2 – entry into force 01.01.2021]
2) police authorities;
[RT I 2009, 62, 405 – entry into force 01.01.2010]
3) rural municipality and city governments.
(3) Extra-judicial proceedings concerning the misdemeanours provided for in §§ 1204, 1205 and 122 of this Act are also conducted by the Tax and Customs Board.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(4) Extra-judicial proceedings concerning the misdemeanours provided for in §§ 122, 1246 and 12611 of this Act are also conducted by the Consumer Protection and Technical Regulatory Authority.
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
(41) [Repealed – RT I, 12.12.2018, 3 – entry into force 01.01.2019]
(5) Extra-judicial proceedings concerning the misdemeanours provided for in § 126 11 of this Act are also conducted by the Rescue Board.
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
§ 128. Waste management and remedy of effects of environmental pollution caused by waste
(1) Damages related to the release of waste into the environment and to the pollution created by waste, including the costs related to waste management and to the remedy of the effects of environmental pollution caused by waste shall be covered by the person who released the waste into the environment (hereinafter polluter).
(2) Waste which is released into the environment unlawfully shall be handled and the remedy of the effects of pollution caused thereby shall be organised by the polluter at the expense of the polluter.
(3) [Repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
(4) If it appears in misdemeanour or administrative proceedings that the polluter cannot be established, and also if, based on environmental protection considerations, the waste must be removed and the effects of pollution must be remedied without delay, then the handling of the waste and remedy of the effects of pollution shall be organised, based on a precept of the environmental supervision agency, local government or local government agency, by the landowner on whose land the waste or pollution is located.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(5) In the case specified in subsection 4 of this section, the Environmental Board has the obligation to organise the waste management and remedy of the effects of pollution before the land specified in subsection 2 of § 31 of the Land Reform Act is retained in state ownership, transferred into municipal ownership, restituted or privatised pursuant to the Land Reform Act.
[RT I 2009, 3, 15 – entry into force 01.02.2009]
(6) If a local government has failed to establish organised waste transport within its administrative territory, although it has such obligation, or if, according to the data of the register provided in § 711 of this Act, more than 2 per cent of the waste holders are outside the system for collecting household waste, such local government shall cover the costs of removal of non-hazardous waste and pollution caused thereby.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(7) [Repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 129. Failure to perform act essential for environmental safety
(1) For the purposes of this Act, an act essential for environmental safety means:
1) aftercare of waste management facilities;
2) gathering, recovery or disposal of waste resulting from products of concern;
3) treatment of waste before its deposit in a landfill;
4) closure of a landfill which fails to comply with the requirements.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(2) [Repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
(3) [Repealed – RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 1291. Confiscation
The Environmental Board or a court may, pursuant to § 83 of the Penal Code, apply confiscation in respect of the object used to commit the misdemeanour provided in §§ 120, 1201, 1203–1205, 122, 1245, 1262 or 1265 of this Act or in respect of the waste or products which were the direct object of such misdemeanour.
[RT I, 10.07.2020, 2 – entry into force 01.01.2021]
Chapter 13 Implementing Provisions
§ 130. Omitted from this text
§ 131. Time limits for bringing existing lawful landfills into compliance with requirements
(1) Landfills shall meet the established requirements by 16 July 2009 or shall be closed for waste deposit by the same time.
(2) Landfills closed for waste deposit by 16 July 2009 shall be conditioned in accordance with the requirements not later than by 31 December 2015.
[RT I, 14.06.2013, 4 – entry into force 24.06.2013]
§ 132. Application of requirement of sorting of municipal waste
(1) Taking account of the principle of proximity, the prohibition provided for in § 35 of this Act on acceptance and deposit of unsorted municipal waste in landfills until 1 January 2008 only applies to these landfills which are located in a county where a waste management facility for the treatment of municipal waste has been established.
(2) The authority issuing waste permits has the right to release a landfill from compliance with the prohibition on acceptance and deposit of unsorted municipal waste by a waste permit until 16 July 2004 in exceptional circumstances on the basis of a reasoned application of the landfill.
(3) As of 1 January 2008, the prohibition on acceptance and deposit of unsorted municipal waste applies to all landfills.
§ 133. Depositing of used tyres
(1) [Repealed – RT I 2007, 19, 94 – entry into force 11.03.2007]
(2) As of 16 July 2006, landfills shall not receive used tyres which have been shredded, except for bicycle tyres and tyres with an outside diameter above 1400 mm.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
(3) [Repealed – RT I 2007, 19, 94 – entry into force 11.03.2007]
(4) [Repealed – RT I 2007, 19, 94 – entry into force 11.03.2007]
§ 134. Limitations on deposited waste
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
(1) The percentage of biodegradable waste in the total quantity of municipal waste deposited in a landfill shall not exceed:
1) 45 per cent by weight by 16 July 2010;
2) 30 per cent by weight by 16 July 2013;
3) 20 per cent by weight by 16 July 2020.
(2) As of 1 January 2030 it shall be prohibited to deposit in a landfill waste suitable for recycling or other recovery, in particular municipal waste, except for waste which depositing in a landfill delivers the best environmental outcome in accordance with subsection 1 of § 221 of this Act.
(3) As of 1 January 2035 the quantity of municipal waste deposited in a landfill shall not exceed 10 per cent by weight of the total quantity of municipal waste generated in the same year.
(4) The procedure for calculation of the target provided in subsection 3 of this section shall be established by a regulation of the minister in charge of the policy sector, taking account of the provisions of Article 5a of Council Directive 1999/31/EC on the landfill of waste (OJ L 182, 16.7.1999, p. 1–19).
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 135. Arranging for organised waste transport
(1) Organised waste transport shall be arranged for as of 1 January 2005.
(2) The obligation to arrange for organised waste transport within the meaning of §§ 66-69 of this Act does not apply to a local government if fewer than 1500 persons live in its administrative territory.
(21) [Repealed – RT I, 23.10.2018, 1 – entry into force 30.10.2018]
(3) For the purposes of §§ 66–69 of this Act, owners or possessors of summer houses, structures used as dwellings or business premises, or apartments which are movables are also deemed to be waste holders.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
(4) Waste holders whom a rural municipality or city government has considered not to have subscribed to organised waste transport for a set term shall organise waste handling themselves until the expiry of the term set by the rural municipality or city government.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 1351. Implementation of requirements for extractive waste management
(1) All extractive waste facilities to which a permit has been granted or which operated on 1 May 2008 must comply with the provisions of this Act regulating extractive waste by 1 May 2012, except for the provisions of § 353 of this Act, which are applied from 1 May 2014.
(2) Subsection 1 of this section does not apply to extractive waste facilities which were closed before 1 May 2008.
(3) An extractive waste management plan is required after entry into force of subsection 4 of § 39 and § 421 of this Act upon submission of an application for a respective permit. An extractive waste management plan shall also be required if a permit for generation of tailings for treatment of mineral resources is being amended.
(4) § 353, subsection 4 of § 39, § 421, clause 8 of subsection 2 of § 73 and § 941 of this Act do not apply to such extractive waste facilities where the acceptance of waste was terminated before 1 May 2006 or which are completing their closing procedures in conformity with the current legislation and are closed no later than by 31 December 2010.
[RT I 2010, 44, 260 – entry into force 19.07.2010]
§ 136. Validity of waste permits
(1) Waste permits granted before the entry into force of this Act are valid in so far as they are not in conflict with this Act. The administrative authority which has granted a waste permit before the entry into force of this Act may revoke the permit if the administrative authority would have had the right not to issue the administrative act due to subsequently changed factual circumstances or on the basis of a subsequently amended rule of law, and public interest outweighs the certainty of the person that the administrative act remains in force.
(2) A waste permit for waste transport granted before the entry into force of this Act remains valid in such parts of the administrative territory of a local government which is not covered by organised waste transport within the meaning of §§ 66-69 of this Act.
§ 1361. Validity of hazardous waste management licences
Hazardous waste management licences which have been granted
1) in 1999, shall expire on 1 June 2007;
2) in 2000, shall expire on 1 January 2008;
3) in 2001, shall expire on 1 June 2008;
4) in 2002, shall expire on 1 January 2009;
5) in 2003, shall expire on 1 June 2009;
6) in 2004, shall expire on 1 January 2010;
7) in 2005, shall expire on 1 June 2010;
8) in 2006, shall expire on 1 June 2011;
9) in 2007 before the entry into force of this Act, shall expire on 1 June 2011.
[RT I 2007, 19, 94 – entry into force 11.03.2007]
§ 1362. Effective dates for implementation of prohibition on use of equipment containing polychlorinated biphenyls and polychlorinated terphenyls
Subsection 11 of § 271 of this Act enters into force on 1 January 2011.
[RT I, 17.12.2010, 21 – entry into force 27.12.2010]
§ 1363. Waste recovery targets
(1) As of 1 January 2020 waste shall be recovered as follows:
1) paper, metal, plastic and glass waste originating from households and, if possible, similar waste originating from other sources, by way of preparation for re-use or recycling – at least to the extent of 50 per cent of the total weight of such waste per calendar year;
2) construction and destruction waste, except for such natural substances as stones and soil as well as stones and soil containing hazardous substances, by way of preparation for re-use, recycling, or recovery in another manner, including for backfilling instead of other substances – at least to the extent of 70 per cent of the total weight of such waste per calendar year.
(2) Municipal waste shall be prepared for re-use and recycled as follows:
1) from 1 January 2025 – at least 55 per cent of the total weight of such waste per calendar year;
2) from 1 January 2030 – at least 60 per cent of the total weight of such waste per calendar year;
3) from 1 January 2035 – at least 65 per cent of the total weight of such waste per calendar year.
(3) Calculation of the targets provided in subsection 1 of this section shall take account of the Commission Decision 2011/753/EU establishing rules and calculation methods for verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC of the European Parliament and of the Council (OJ L 310, 25.11.2011, p. 11–16).
(4) The procedure for calculation of the targets provided in subsection 2 of this section shall be established by a regulation of the minister in charge of the policy sector, taking account of the provisions of Article 11a of the European Parliament and Council Directive 2008/98/EC.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 1364. Adoption of waste prevention programme
A waste prevention programme shall be approved by a regulation of the Government of the Republic no later than by 12 December 2013.
[RT I, 09.11.2011, 1 – entry into force 10.11.2011]
§ 1365. Implementation of requirements applicable to producers of agricultural plastic
The requirements contained in § 26, subsection 11 of § 261 and § 268 of this Act apply to producers of agricultural plastic from 1 January 2013.
[RT I, 04.04.2012, 2 – entry into force 14.04.2012]
§ 1366. Validity of contracts for organised waste transport
Contracts entered into for the purpose of implementation of subsection 11 of § 66 of this Act in the wording in force until 1 October 2014 shall be effective until their expiry.
[RT I, 08.07.2014, 2 – entry into force 07.01.2015, in accordance with clause 53 of Judgment No. 3-4-1-34-14 of Constitutional Review Chamber of Supreme Court of 6 January 2015 (RT I, 06.01.2015, 21): "In the current constitutional review matter on the basis of § 12 of the Constitutional Review Court Procedure Act the Supreme Court suspended the entry into force of the Waste Act Amendment Act (RT I, 08.07.2014, 2) until entry into force of Judgment of the Supreme Court (Ruling of Constitutional Review Chamber of Supreme Court of 25 September 2014 in matter No. 3-4-1-34-14). This Judgment of the Supreme Court enters into force in conformity with subsection 2 of § 58 of the Constitutional Review Court Procedure Act upon pronouncement on 6 January 2015. Thus, the Waste Act Amendment Act (RT I, 08.07.2014, 2) enters into force on 7 January 2015."]
§ 1367. Frequency of waste transport
Concession agreements for organised waste transport entered into before 1 October 2014 shall be effective until their expiry, with the frequency of waste transport prescribed in the agreements.
[RT I, 08.07.2014, 2 – entry into force 07.01.2015, in accordance with clause 53 of Judgment No. 3-4-1-34-14 of Constitutional Review Chamber of Supreme Court of 6 January 2015 (RT I, 06.01.2015, 21): "In the current constitutional review matter on the basis of § 12 of the Constitutional Review Court Procedure Act the Supreme Court suspended the entry into force of the Waste Act Amendment Act (RT I, 08.07.2014, 2) until entry into force of Judgment of the Supreme Court (Ruling of Constitutional Review Chamber of Supreme Court of 25 September 2014 in matter No. 3-4-1-34-14). This Judgment of the Supreme Court enters into force in conformity with subsection 2 of § 58 of the Constitutional Review Court Procedure Act upon pronouncement on 6 January 2015. Thus, the Waste Act Amendment Act (RT I, 08.07.2014, 2) enters into force on 7 January 2015."]
§ 1368. Implementation of subsection 11 of § 66 of Waste Act
Unfinished public procurement proceedings and proceedings for contracts for the purpose of implementation of subsection 11 of § 66 of this Act in the wording in force until 1 October 2014 shall be completed and the contracts entered into in such proceedings shall be effective until their expiry.
[RT I, 08.07.2014, 2 – entry into force 07.01.2015, in accordance with clause 53 of Judgment No. 3-4-1-34-14 of Constitutional Review Chamber of Supreme Court of 6 January 2015 (RT I, 06.01.2015, 21): "In the current constitutional review matter on the basis of § 12 of the Constitutional Review Court Procedure Act the Supreme Court suspended the entry into force of the Waste Act Amendment Act (RT I, 08.07.2014, 2) until entry into force of Judgment of the Supreme Court (Ruling of Constitutional Review Chamber of Supreme Court of 25 September 2014 in matter No. 3-4-1-34-14). This Judgment of the Supreme Court enters into force in conformity with subsection 2 of § 58 of the Constitutional Review Court Procedure Act upon pronouncement on 6 January 2015. Thus, the Waste Act Amendment Act (RT I, 08.07.2014, 2) enters into force on 7 January 2015."]
§ 1369. Publication of inspection plans for control of transboundary movement of waste
The inspection plans specified in subsection 1 of § 1081 of this Act shall be published on 1 January 2017 at the latest.
[RT I, 25.11.2016, 2 – entry into force 05.12.2016]
§ 13610. Validity of waste permits, registration certificates and hazardous waste management licences granted before 1 January 2020 and termination of pending proceedings relating to applications
(1) Waste permits, registration certificates and hazardous waste management licences granted for a specified term before 1 January 2020 shall remain valid until the amendment or revocation thereof or expiry of the period of validity indicated therein.
(2) Proceedings relating to applications submitted before 1 January 2020 for waste permits or registration certificates shall take place in accordance with the provisions of this Act.
(3) Proceedings relating to applications for hazardous waste management licences submitted before 1 January 2020 shall continue as proceedings relating to applications for amendment of waste permits or applications for new waste permits.
[RT I, 21.12.2019, 1 – entry into force 01.01.2020]
§ 13611. Termination of public procurement proceedings for organised waste transport, proceedings for establishment and amendment of local government waste management plan and for establishment and amendment of local government waste management rules initiated before entry into force of this section
(1) The rules of law which were in force before entry into force of this section apply to public procurement proceedings for organised waste transport initiated before entry into force of this section.
(2) The rules of law which were in force before entry into force of this section apply to the proceedings for establishment and amendment of a local government waste management plan initiated before entry into force of this section.
(3) The rules of law which were in force before entry into force of this section apply to the proceedings for establishment and amendment of local government waste management rules initiated before entry into force of this section.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 13612. Implementation of separate collection of bio-waste at source or recycling at source
Local governments must bring separate collection of bio-waste at source or recycling at source into harmony with the provisions of subsection 4 of § 31 of this Act as of any new procurement for organised waste transport but not later than by 31 December 2023.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 13613. Implementation of amendments of waste management plan and waste management rules of local governments
Local governments must bring the waste management plan and waste management rules into harmony with the provisions of subsections 1, 3, 4 and 6 of § 31, subsection 3 of § 42, § 43 and clauses 11, 7, 8 and 11 of subsection 2 of § 71 of this Act as of amendment or establishment of a new waste management plan or waste management rules but not later than by 31 December 2023.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 13614. Implementation of separate collection of textile waste
Local governments must bring separate collection of textile waste into harmony with the provisions of subsection 3 of § 31 of this Act no later than by 1 January 2025.
[RT I, 05.05.2021, 1 – entry into force 15.05.2021]
§ 13615. Implementation of specifications concerning obligations of extended producer responsibility
(1) The obligation of extended producer responsibility provided in § 231 and subsections 1–4 of § 251 of this Act applies to the producers specified in subsections 110–112 of § 23 from 31 December 2024.
(2) The obligation of extended producer responsibility provided in § 231 and subsections 1–4 of § 251 of this Act applies to the producers specified in subsection 113 of § 23 from 1 January 2024.
(3) The obligation of covering the costs related to certain single-use products containing plastic provided in § 252 of this Act applies to the producers specified in subsections 111 and 112 of § 23 from 31 December 2024.
(4) The obligation of covering the costs related to certain single-use products containing plastic provided in § 252 of this Act applies to the producers specified in subsection 113 of § 23 from 1 January 2024.
(5) The obligation of covering the costs incurred upon the collection and return to the producer of waste fishing gear containing plastic provided in subsection 1 of § 2621 of this Act applies to the producers specified in subsection 110 of § 23 from 31 December 2024.
(6) The obligations of informing users of products of concern and organising information campaigns provided in § 268 of this Act applies to the producers specified in subsections 110–112 of § 23 from 31 December 2024.
(7) The obligations of informing users of products of concern and organising information campaigns applies to the producers specified in subsection 113 of § 23 of this Act from 1 January 2024.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
§ 13616. Implementation of specifications concerning registration in register of products of concern and submitting data to register of products of concern
(1) The obligations of registration in the register of products of concern and submitting data to the register of products of concern provided in subsection 11 of § 261 of this Act apply to the producers specified in subsections 110–112 of § 23 of this Act from 31 December 2024.
(2) The obligations of registration in the register of products of concern and submitting data to the register of products of concern provided in subsection 11 of § 261 of this Act apply to the producers specified in subsection 113 of § 23 from 1 January 2024.
[RT I, 07.03.2023, 1 – entry into force 01.05.2023]
§ 137. – § 139. Omitted from this text
§ 140. Entry into force of Act
This Act enters into force on 1 May 2004, except for § 138 of this Act which enters into force on the day following publication of the Waste Act in the Riigi Teataja.
Removed
Added
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