From July 3, 2024, the rule required by the European Parliament and Council through Art. 6 of EU Directive 2019/904 on reducing the environmental impact of certain plastic products, according to which single-use plastic products whose caps and closures are made of plastic can only be placed on the market if the caps and closures remain attached to the containers during the intended use phase of the products, comes into force. The provision was transposed into national law by Ordinance No 6/2021 on the reduction of the environmental impact of certain plastic products.

The standard covers beverage containers with a capacity of up to 3 liters including composite beverage packaging used to contain liquids, such as beverage bottles, including their caps and closures (PET), but not:

• glass or metal beverage bottles with plastic caps and closures;
• beverage bottles intended and used for foods for special medical purposes which are in liquid form.

In this regard, the Standard EN 17665:2022+A1:2023 has also been established, which sets out the requirements and test methods for proving that the plastic closures of PETs remain attached to the container during the intended use phase of the product.

Producers have already started to implement various solutions to comply with the new regulation, investing considerable sums in modifying technological processes accordingly.

The change will have minimal impact on consumers, as their rights and obligations will not be affected. According to a press release, the SGR Administrator assures consumers that the SGR System is functioning normally, with the RVMs for automatic collection set to recognize and accept containers with or without a cap. The same rules apply to manual collection.

The open question that remains at this point is what will happen to retailers' supplies of bottles with removable caps after July 3, 2024, given that the law does not, as yet, provide for an exemption. It is certain that a derogation would be required for the liquidation of stocks of products already formed before the entry into force, but in the absence of express provisions in this regard, the rule should apply directly, and economic operators who sell PETs with removable caps after July 3 risk sanctions.

We recall that Government Decision no. 580/2024 extended the deadline until December 31, 2024 until which products can still be sold in packaging that are not SGR marked. This extension stems from the complexity of the system and the difficulty for economic operators to adapt to the new rules, a method that could be replicated in the case of removable caps.

The measure aims to combat plastic pollution of the environment and increase recycling, given that:

- it is estimated that millions of plastic caps end up in the oceans every year, endangering the lives of marine animals. Keeping caps attached to bottles will significantly reduce the risk of them ending up in the marine environment.

- plastic caps are made from a different type of plastic than bottles, making them difficult to recycle separately. Keeping them attached will facilitate sorting and recycling, helping to increase the recycling of plastic packaging.

The implementation of the rule on caps attached to PET bottles is an important step towards reducing plastic pollution and building a circular economy. With this measure, the European Union is strengthening its leading position in the fight against climate change and environmental protection.

In addition to environmental benefits, the new rule could also have a positive impact on the economy, generating new business opportunities in recycling and the development of innovative packaging solutions.