Romania Implements the Single-Use Plastics Directive

On 2 September 2021 the Government Emergency Ordinance no. 6/2021 (GEO 6/2021) entered into force,[1] implementing in the national legislation the Directive 2019/904 on the reduction of the impact of certain plastic products on the environment.

GEO 6/2021 applies to single-use plastics described in its annex and provides for obligations that apply as of its entry into force, as well as for obligations that will progressively apply in the coming years.

The main obligations that must be observed as of 2 September 2021:

1. The introduction on the market of oxo degradable plastics and of the single-use plastics provided in the GEO 6/2021 is forbidden.

The following single-use plastics are covered by this obligation:

• cotton bud sticks except if used for medical purposes; cutlery (forks, knives, spoons, chopsticks);
• plates; straws, except if used for medical purposes;
• beverage stirrers;
• 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;
• food containers made of expanded polystyrene, i.e. receptacles such as boxes, with or without a cover, used to contain food which (a) is intended for immediate consumption, either on-the-spot or take-away, (b) is typically consumed from the receptacle, and (c) is ready to be consumed without any further preparation, such as cooking, boiling or heating, including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;
• beverage containers made of expanded polystyrene, including their caps and lids;
• cups for beverages made of expanded polystyrene, including their covers and lids.

2. Information to be included on the label.

Each single-use plastic product mentioned in part D to the annex to the GEO 6/2021 introduced on the market must bear a clear, legible and non-erasable message on the label or directly on the product, informing the consumers with regard to: (a) adequate options to manage the waste for the product or means to eliminate waste that must be avoided for the respective product, (b) the presence of plastics in the product and the resulting negative impact of littering or other inappropriate means of waste disposal of the product on the environment.

The products contemplated by this provision are:

• sanitary towels (pads), tampons and tampon applicators;
• wet wipes, i.e. pre-wetted personal care and domestic wipes;
• tobacco products with filters and filters marketed for use in combination with tobacco products;
• cups for beverages.

Other obligations must be observed progressively, such as:

1. Companies introducing on the Romanian market single-use plastics enumerated in part A to the annex to the GEO 6/2021 must (a) progressively reduce the quantities starting with 2023; (b) annually declare the introduced quantities; (c) annually declare the adopted measures to reach the reduced targets above.

The products contemplated by this provision are:

• Cups for beverages, including their covers and lids;
• Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food which: (a) is intended for immediate consumption, either on-the-spot or take-away; (b) is typically consumed from the receptacle, and is ready to be consumed without any further preparation, such as cooking, boiling or heating, including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food.

2. Starting with 3 July 2024, the single-use plastic products listed in part C of the Annex to GEO 6/2021 that have caps and lids made of plastic may be placed on the market only if the caps and lids remain attached to the containers during the products’ intended use stage.

The products contemplated by the above article are beverage containers with a capacity of up to three litres, i.e. receptacles used to contain liquid, such as beverage bottles including their caps and lids and composite beverage packaging including their caps and lids, but not (a) glass or metal beverage containers that have caps and lids made from plastic, (b) beverage containers intended and used for food for special medical purposes.

3. Specific obligations for companies and authorities are provided for separate collection of waste in case of beverage bottles with a capacity of up to three litres, including their caps and lids.
4. An enhanced liability of producers that introduce certain single-use plastics on the market must be implemented.

[1] Published in the Official Gazette no. 828 of 30 august 2021.