1. Who are the retailers with obligations in SGR?

According to the legal definition, retailers are economic operators authorized to carry out the commercialization of products in SGR packaging to consumers or end users, including activities in the hotel industry, food services, units organizing events, preparing and serving food and beverages. Thus, the retailer is the middle link in this recycling chain, between the producer and the end consumer.

Specifically, retailers are economic operators (firms) authorized by the Trade Registry with specific CAEN codes for commercialization activities, especially beverages. It is important to note that the mere authorization of commercialization activities imposes the obligation to register in SGR, regardless of whether these activities are actually carried out or not. Also, a retailer with suspended activity, no activity, etc., until the removal from the Trade Registry and authorized commercialization activities that can be carried out through them, has the obligation to register in SGR, regardless of whether these activities are actually carried out or not.

2. The obligation of registration in the system for retailers. What happens if I don't register?

According to Government Decision no. 1074/2021, SGR must become functional starting from November 30, 2023. However, economic operators had the obligation to register in the database managed by the SGR administrator (RetuRO Sistem Garanție Returnare S.A.) by February 28, 2023.

The registration procedure in SGR is established by the SGR administrator and is made available on its own website https://returoSGR.ro/. In addition to the obligation to register, retailers also have the obligation to conclude contracts with the SGR administrator within a maximum of 90 days from the date of registration, in order to fulfill their obligations.

We observe that there are two important moments in the implementation of SGR: one is the date of February 28, 2023, the deadline for registration, and the other is the date of November 30, 2023, the date of the SGR's entry into operation. Practically, we see that there is a transition period of 9 months in which retailers must meet all the above requirements.

Although the implementation of SGR has been widely communicated, from the encountered practice, many retailers have not managed to register in the system by February 28, 2023. Thus, the question arises: What happens to retailers who registered in SGR after February 28 but before November 30? Firstly, it should be noted that the ReturRo registration portal continues to function and allows registration even after February 28, 2023. Thus, although the contraventional fine between 20,000 and 40,000 lei is linked to the registration obligation by February 28, because SGR is not yet functional, and the authority encourages ongoing registration, we can reasonably appreciate that, without being entirely excluded, the risk of a fine for this reason is greatly diminished if these obligations are fulfilled by November 30.

From the analysis of legislative provisions, we observe that non-registration in SGR, after it becomes functional on November 30, could lead to a business activity blockade. Thus, the legislator prohibits the commercialization of products subject to regulation when retailers do not comply with the registration obligation within the indicated deadline, and when they do not have a valid contract concluded with the SGR administrator. Also, retailers will not be able to market products packaged in SGR packaging purchased from unregistered producers in the SGR administrator or from distributors of these producers.

An exception to this rule is the stocks of existing products at the launch date of SGR and only until June 20, 2024, after which their introduction into the national market, respectively their commercialization is prohibited.

The sanction provided for the marketing of products from unregistered producers or by unregistered retailers is a contraventional fine, ranging from 20,000 lei to 40,000 lei, with the competence to ascertain the facts being attributed to both the National Environmental Guard and the Environmental Fund Administration.

Therefore, if you have not registered in SGR by November 30, 2023, you will no longer be able to carry out the activity of marketing products in SGR packaging. As there are still a few days left, we recommend economic operators to proceed with registration in SGR before November 30, although the system will allow registration even after this date, under the risk of being subject to other subsequent sanctions by the competent authorities for those who have delayed in fulfilling the registration obligation.

3. What packaging needs to be recycled in SGR?

The packaging subject to the guarantee-return system is the glass, plastic, or metal packaging, with volumes between 0.1 l and 3 l inclusive, used for beer, beer mixes, alcoholic beverage mixes, cider, other fermented beverages, juices, nectars, soft drinks, mineral waters, and any kind of drinking water, wines, and spirits. Not subject to the SGR mechanism: drink glasses, pouch-type packaging - flexible bag-type packaging, bag-in-box - drinks in a closed cardboard box, and any other packaging that cannot maintain its shape after emptying; the packaging is considered packaging waste when delivered for recycling.

4. The guarantee and its flow in SGR

The guarantee is a key element in the SGR system. Regarding consumers, this represents the amount paid by them at the time of purchasing a product in SGR packaging (0.50 cents), but also the amount they are entitled to receive from retailers when they bring back the packaging to one of their designated return points.

In the case of return points:

1. SGR packaging is manually taken, the guarantee value is returned to consumers in cash, by voucher, or by bank transfer. The bank transfer will be made at the consumer's request only with the agreement of the retailer and with the payment of bank fees by the applicant;
2. SGR packaging is taken by automatic retrieval equipment, the guarantee value is returned to consumers either by voucher, which they can exchange for cash or use for shopping within a maximum of 12 months from the voucher release, or by bank transfer. The bank transfer will be made at the consumer's request only with the agreement of the retailer and with the payment of bank fees by the applicant.

The guarantee will not be returned to consumers, and return point operators will not have the obligation to take back the packaging if the returned packaging:

1. does not have the marking indicating membership in SGR, namely the representative symbol and barcode, or if it is not visible or legible;
2. is not returned intact or is damaged or deformed so that membership in SGR cannot be established;
3. is not completely emptied of content;
4. is not returned within a maximum of 24 months from the date of publication on the SGR administrator's website of the announcement regarding the cessation of the introduction of the product into the market by the manufacturer.

Regarding the retailer, it should be mentioned that it will pay the guarantee to the producer when it purchases the stock of goods with products in SGR packaging. The guarantee must be highlighted separately in the retailers' fiscal documents at the time of selling the products, including to consumers.

Starting from 30 November, manufacturers are obliged to charge the guarantee when placing SGR-packaged products on the national market, and from this date, traders are under an obligation to charge the guarantee to consumers purchasing SGR-packaged products, unless the trader decides to bear the cost of the guarantee when offering SGR-packaged products free of charge to the consumer and/or end-user, e.g. as prizes or free samples. In this case, the guarantee will be paid directly by the manufacturer, if the free offer is made at his instruction, or by the trader, if the free offer is made by the trader and will not be charged to the consumer and/or end-user.

It should be noted that when a refund of the price of products in SGR packaging is requested following the return of ordered products, the guarantee for the returned products must also be refunded.

Attention HoReCa traders, who are obliged to charge the guarantee to end consumers for SGR packaged products consumed outside the sales structure and not for SGR packaged products consumed at the place of the sales structure.

5. Traders' obligations from a consumer rights perspective

The SGR establishes certain obligations on economic operators to respect consumer rights, which are left to the National Authority for Consumer Protection (ANPC) to verify. Traders who have sales structures with a surface area of less than 200 m2 and choose to organize return points in partnership with administrative-territorial units or inter-community development associations will display the following text in the sales structures, visible and easily legible for customers: "This shop does not operate as a packaging return point".

Retailers shall inform consumers or end-users at the point of sale of:

• the types of products covered by the guarantee-return system;
• the amount of the guarantee;
• the possibility for consumers or end-users to return the SGR packaging for a refund of the value of the guarantee at any return point in Romania;
• the address and opening hours of the return point operated by the trader.

Please note that the return point is organized within the trader's sales structure or in its immediate vicinity, within 150 meters of the sales structure and with at least the same opening hours as the trader's sales structure. 

• The method of picking up the packaging, either manually or by automated picking equipment;
• The available means of returning the guarantee;
• Situations in which the return of the guarantee may be refused.

The penalty for non-compliance with the obligations listed in this point is a fine of between 4,000 lei and 50,000 lei.