On the 30th of August 2021, the Government Ordinance no. 6/2021 regarding the reduction of the impact of certain plastic products on the environment was published in the Official Gazette no. 828.
In the context of preventing and reducing the impact of certain plastic products on the environment and of transitioning to a sustainable economy, the Government Ordinance no. 6/2021 transposes the provisions of Directive 2019/904 on the reduction of the impact of certain plastic products on the environment.
The main measures regulated by the Ordinance are highlighted below:
- The aim is to gradually reduce the quantity of disposable plastics introduced to the market by 5% in 2023 up to 20% in 2026, compared to the quantities introduced to the market in 2022
- The model and content of the form for single-use plastic products listed in the annexes to the Ordinance, as well as the instructions for the completion and submission of the form must be adopted by the responsible central public authority within 6 months as of the date of entry into force of this Ordinance
- Within12 months as of the date of entry into force of this ordinance, by joint order of the heads of the central public authority in the field of environment and the central public authority in the field of economy, a Procedure will be approved for registration with the Environmental Fund Administration of economic operators who introduce to the market durable reusable alternatives or non-disposable plastic alternatives, who place PET bottles containing recycled plastic on the market or who place recycled plastic on the market for incorporation into PET bottles.
- With the entry into force of the Ordinance, the introduction to the market of disposable plastic products such as q-tips, cutlery, plates, beverage straws, beverage stirrers, balloon attachment sticks, food containers and expanded polystyrene drinks is prohibited. Products that have a use for medical, forensic purposes or by a healthcare professional are exempted from these restrictions.
- As of the 3rd of July 2024, it is mandatory that certain disposable plastic products introduced to the market comply with the production requirements provided in the Ordinance.
- The Ordinance establishes several deadlines for the implementation of measures regarding the extended liability of the manufacturer, for a part of the disposable plastic products introduced to the market, specifically listed in the annexes to the Ordinance.
- For plastic bottles up to 3 liters, there is a collection obligation, which can be achieved through an organization that implements the extended liability of the manufacturer, individually for its own waste produced after consumption of those products or through a guarantee-return system.
- Plastic manufacturers must take measures to highlight reusable alternatives and the impact of plastic on the enviroment.
- The sanctions for non-compliance with the provisions of the Ordinance consist of contravention al fines between RON 3,000 and RON 40,000 depending on the nature of the deed.
Luciana Rainov
Senior Associate
Filip Cucu
Junior Tax Consultant
