Gaminių ir (ar) pakuočių atliekų sutvarkymo įrodančių dokumentų išrašymo teisinio reglamentavimo ypatumai ir probleminiai aspektai ; Features and problematic aspects of legal regulation of issuing documents proving the management of product and/or packaging waste

Abstract

The article, based mainly on the method of data and document analysis and other methods such as comparative, linguistic, logical and summative, analyses the procedure of issuing documents proving the management of collectively managed product and/or packaging waste, with the exception of waste collected under the deposit system, the types of documents proving the management of product and/or packaging waste, specifies which documents proving the management of product and/or packaging waste shall be assessed in the broad sense and which in the narrow sense, documents proving the management of product and/or packaging waste shall also be classified according to the status and role of the entities issuing them. The article analyses the amendments in the existing legislation on the procedure of issuing documents proving the management of products and/or packaging waste, which established the linking testimony (confirmations) held by the waste sorters or keepers in the product and/or packaging waste management system, indicated the reasons for the need to adjust the procedure for issuing documents proving the management of product and/or packaging waste that have come into effect after the amendments to the legal acts, as well as the gaps and possible problems caused by the amendments of the legal acts. It was concluded that the legal regulation of the product and/or packaging waste management system must be improved. Proposals have therefore been made to amend the Law on Waste Management of the Republic of Lithuania and the secondary legislation, providing that entities that have to issue linking testimony (confirmations) in the product and/or packaging waste management system following the amendment of legal acts, as well as processors/exporters or collectors/mixed municipal waste handlers must be added to the List of waste managers entitled to issue documents proving the management of product and/or packaging waste so that they would have a legal interest in the legality of the linking testimony (confirmations) issued as well as, inter alia, to ensure the principle of equality of waste managers taking part in the product and/or packaging waste management system.