Government Ordinance no. 6/2021 on reducing the impact of certain plastic products on the environment

The takeaway

Government Ordinance no. 6/2021 establishes measures to prevent the generation of waste and reduce the impact of disposable plastic products on the environment, as follows:

• The sale and placing on the market of disposable plastic products and products made of oxo-degradable plastics is prohibited as of 2 September 2021.
• It is also mandatory as of 2 September 2021 that certain plastic products bear a specific marking.
• As of 3 July 2024, certain disposable plastic products may be placed on the market.
• Manufacturers which place plastic products on the market must implement extended liability requirements.
• As of 1 January 2022, local public authorities have to organise, manage and coordinate a public system for the separate collection for recycling of waste produced after the consumption of plastic products.
• Measures will be taken to inform and empower consumers. Information campaigns will be conducted in schools to prevent waste generation and reduce the impact of disposable plastic products on the environment.
• Within six months as of the entry into force of Government Ordinance no. 6/2021, the Environmental Fund Administration will adopt by order the model and content of the form for declaring plastic products placed on the market, as listed in part A of the annex to GO no. 6/2021.
• Within 12 months as of the date of entry into force of Government Ordinance no. 6/2021, the Ministry of Economy will adopt by order the registration procedure and draw up a national electronic register of economic operators that introduce onto the national market sustainable reusable alternatives to plastic products.
• For violations of the GO no. 6/2021 provisions, the National Authority for Consumer Protection, the National Environmental Guard and the Environmental Fund Administration will apply sanctions, with the fines of between RON 3,000 to RON 40,000.
• To prevent the generation of waste, the Ministry of Environment and the Ministry of Economy will assess annually the impact of plastic products, including when they become waste, and propose measures for reducing their impact on the environment and the economy.

In detail

Government Ordinance no. 6/2021 (GO no. 6/2021) transposed into the national legislation EU Directive 2019/904 on reducing the impact of certain plastic products on the environment. The aim is to prevent the generation of certain plastic products and to reduce their impact on the environment and human health.

We list below some of the main measures introduced by GO no. 6/2021 to prevent waste generation and reduce the impact of disposable plastic products on the environment. 

Reducing the consumption of disposable plastic products

The products covered by this measure are those provided in part A of the Annex to GO no. 6/2021, namely: drinks containers, including their lids, food containers, such as boxes with or without lids, intended for immediate consumption, either on the spot or in packages, including food containers used for fast-food ready for immediate consumption, but excluding beverage containers, plates, packages and flexible foils containing foodstuffs.

Economic operators who place the products listed above on the national market must:

• progressively reduce the quantities of products on the market as follows: by 5% for 2023, 10% for 2024, 15% for 2025 and 20% for 2026, compared to 2022;

• declare annually to the Environmental Fund Administration the quantities of products placed on the market in the previous year;

• report annually to the central public authority in the field of environment and the central public authority in the field of economy by 1 February of the year following that in which the activity took place regarding the measures adopted to achieve the targets for the quantities of products established by law.

Economic operators which sell the plastic products listed above or use them to sell their own products are obliged to:

• apply a sales price for disposable plastic products offered to customers, display it in a visible place for customer information and list the price separately on sales documentation;

• offer customers the opportunity to choose reusable alternatives to the disposable plastic products listed above.

• Prohibition of the placing on the market of disposable plastic products and products made of oxo-degradable plastics

As of 2 September 2021, the date of entry into force of GO no. 6/2021, it is prohibited to place on the market products made of oxo-degradable plastics and the disposable plastic products provided in part B of the annex to GO no. 6/2021, including: cotton buds, cutlery (forks, knives, spoons and chopsticks), plates, straws, drink stirrers, balloon sticks, expanded polystyrene food containers (boxes with or without lids, used for foodstuffs intended for immediate consumption, either on the spot or as takeaway), containers and expanded polystyrene beverage containers, including stoppers and lids.

Exceptions are provided for some products (e.g. cotton buds, plastic straws) used for medical, forensic, scientific or health purposes, as appropriate.

Marking of certain disposable plastic products

As of 2 September 2021, the disposable plastic products provided in part D of the Annex to GO no. 6/2021 (including absorbents, wet wipes, tobacco products with filters and filters marketed for use in combination with tobacco products, and beverage containers) must bear an indelible mark directly on the product or on its packaging. The purpose of the marking is to inform consumers about:

• product waste management options;

• the presence of plastics in the product and the negative impact on the environment resulting from the disposal of the product.

Imposing requirements on the placing on the market of certain single-use plastic products

The products covered by this measure are those provided in part C of the Annex to GO no. 6/2021, namely: containers with a capacity of up to 3 litres used for liquids, such as beverage containers, including stoppers and lids, and composite beverage packaging, including stoppers and lids, excluding glass and metal containers with plastic caps and lids. An exception is provided for beverage containers for special medical purposes. Stoppers or metal caps with plastic seals are not considered to be made of plastic.

They may be placed on the market as of 3 July 2024 only if the stoppers and lids remain attached to the containers during the intended use of the products.

Requirements have also been introduced regarding the introduction of PET beverage bottles provided in part F of the Annex to GO no. 6/2021 (i.e. beverage bottles with a capacity of up to 3 litres, excluding glass and metal containers with plastic stoppers and lids, as well as beverage containers intended for special medical purposes):

• The content of recycled plastic must be at least 25% as of 2025 and 30% as of 2030, calculated as an average for all PET bottles placed on the national market;

• The percentage or quantity of recycled material, as appropriate, must reported annually to the Environmental Fund Administration.

Introduction of additional requirements regarding the extended liability of the manufacturer in relation to disposable plastic products

Member State or third-country producers which introduce products onto the Romanian market must appoint as an authorised representative an individual or legal person established in Romania to fulfil the liability obligations incumbent on producers in Romania. 

Manufacturers placing plastic products on the market must implement the extended liability requirements:

• by 5 January 2023 for the products listed in part E, section III of the Annex to GO no. 6/2021 (tobacco products with filters and filters marketed for use in combination with tobacco products);

• by 31 December 2024 for the products listed in part E, sections I and II of the Annex to GO no. 6/2021 (e.g. food containers intended for immediate consumption, either on the spot or as takeaway; flexible food packages and foils containing foodstuffs; beverage containers with a capacity of up to 3 litres, including stoppers and lids; thin plastic bags; wet wipes and balloons).

For the products listed in part E of the Annex to Government Ordinance no. 6/2021, producers must cover, as appropriate, the costs of informing consumers and making them responsible for waste reduction, of collecting waste discharged into public collection systems, the transport and the subsequent treatment of that waste, of cleaning up waste discarded outside the public collection system and of collecting and reporting data to the responsible public authorities.

The rules for calculating the costs are to be established by order of the President of the National Regulatory Authority for Community Public Utilities Services. The costs resulting from the calculation of the fee/charge for waste management will be applied by the local public administration authorities.

Producers established in Romania which market the plastic products listed in part E of the Annex and plastic-containing fishing gear in a Member State where they are not established must designate an authorised representative in that Member State to be responsible for fulfilling the manufacturer's obligations there.

Coordinating the separate collection of disposable plastic product waste 

As of 1 January 2022, local public authorities are responsible for organising, managing and coordinating a public system for the separate collection of plastic product waste.

The products to which that system applies are those stated in part F of the Annex to Government Ordinance No. 6/2021: beverage containers with a capacity of up to 3 litres used for liquids, such as beverage containers, including stoppers, lids and packaging, composite beverage containers, including stoppers and lids. 

Economic operators which place those products on the market are obliged:

• to collect by 2025 a quantity equal to 77% of the weight of disposable plastic products placed on the market in a given year;

• to collect by 2029 a quantity equal to 90% of the weight of disposable plastic products placed on the market in a given year.

Operators may fulfil their collection obligations through an organisation that implements the extended liability of the producer, individually for their own waste or through a guarantee-return system.

Measures to encourage responsible consumer behaviour

In order to reduce waste, measures will be taken to inform and empower consumers. Information campaigns will be carried out in schools to prevent waste generation and reduce the impact of disposable plastic products on the environment.

The products concerned are those provided in part G of the Annex to GO no. 6/2021, including: food containers, such as boxes with or without lids, used for food intended for immediate consumption, either on the spot or as takeaway; flexible packages and foils containing food for direct consumption; beverage containers with a capacity of up to 3 litres, including stoppers and lids; beverage containers, including stoppers and lids; tobacco products with filters and filters marketed for use in combination with tobacco products; wipes; balloons; thin plastic bags.

The Ministry of Environment and the Ministry of Economy will assess annually the impact of plastic products and propose measures for reducing their impact on the environment and the economy. For non-compliance with the measures imposed by GO no. 6/2021, the provided contraventions will enter into force within 30 days as of the date of publication in the Official Gazette.

[Source: Government Ordinance no. 6/2021 on reducing the impact of certain plastic products on the environment, published in the Official Gazette no. 828 dated 30 August 2021]