Romania and Hungary transpose European directive on plastic waste

Romania has modelled its cigarette butt collection model on Hungary, in order to transpose the European directive on single-use plastic waste. This stipulates that part of the costs of collecting and cleaning the roads, as well as treating waste water, informing consumers and monitoring these operations, should be borne by tobacco manufacturers.

The European legislation on single-use plastics under EU Directive 2019/904 applies in particular to cigarette filters and filters used for tobacco products. These cigarette filters are in fact made of cellulose acetate, a form of plastic that can take up to twelve years to biodegrade. Cigarette butts are one of the main types of waste observed in Europe and more generally in the world. They are also particularly toxic.

In preparing the transposition of this directive into its national legislation, Romania drew heavily on that implemented by neighbouring Hungary, both countries being behind schedule in meeting their obligations.[1].

Obligations to be respected by manufacturers on waste collection

Since the 1^er July 2023, in Hungary, tobacco producers are required to finance costs related to used cigarette filters and their environmental impact. Obligations on manufacturers include:

• The payment of waste collection costs, whether or not they are included in the public collection system set up by local authorities. This also includes the transport and treatment of this waste.
• Coverage of costs relating to the wastewater system, in the event of improper waste management.
• The installation of specific containers to collect this waste in high traffic areas.
• Informing consumers about the environmental consequences of this waste and about reuse alternatives.
• The transmission to the authorities of a report and data on the collection of this waste.

The European directive transposed into the internal law of the Member States also requires that tobacco products be provided with clear, legible and non-removable signage. These warnings must indicate the presence of plastic in the products, indicate the prescribed treatment circuit for waste and provide information on the environmental consequences, particularly on marine environments, in the event of improper disposal of this waste.

Finally, research is planned to be funded to find sustainable alternatives to plastic cigarette filters.

This last point is particularly contested insofar as the alternative considered most relevant by environmental and health stakeholders is the pure and simple removal of the filter.[2]. Several other provisions of the European text are also the subject of significant criticism.

Questions about the independence of dealers

In practical and organisational terms, in Hungary, a concessionaire is responsible at the national level for providing tobacco manufacturers with the necessary containers, collecting waste from tobacco products, recycling it and storing it properly. For this purpose, the concessionaire levies financial contributions from tobacco manufacturers, under the REP. These financial contributions will be collected from the fourth quarter of 2023, based on product sales made in the third quarter. The rate applicable for each kilo of waste collected and treated will be established at the national level.

However, it is not clear from the press articles on this subject whether the collecting bodies are independent of the tobacco industry. Article 5.3 of the Framework Convention on Tobacco Control (CCLAT) nevertheless specifies that the tobacco industry must be kept out of public policies. The very principle of extended producer responsibility is used by manufacturers to improve their image. Thus in France, the eco-organization Alcome, responsible for collecting cigarette butts, is an offshoot of the tobacco industry and this situation has been denounced by public health stakeholders.

In March 2023, several European parliamentarians had questioned the European Commission on the non-compliance with this article 5.3 by countries which have entrusted the collection and treatment of cigarette butts to structures linked to the tobacco industry.[3]The European Union, which itself ratified the FCTC in 2005, is in fact directly concerned by compliance with this article 5.3.

Keywords: Romania, Hungary, REP, EU directive 904/2019, filter, cigarette butts.

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[1] Macsim M, Cigarette filter producers required to collect waste starting this year, Business Review, published August 8, 2023, accessed August 9, 2023.

[2] Press release, More than 130 health and environmental stakeholders call for filter ban at plastic treaty negotiations in Paris, CNCT, published on May 25, 2023, consulted on August 16, 2023

[3] Single-Use Plastics Directive and extended producer responsibility, Parliamentary Questions, published March 8, 2023, accessed August 10, 2023.

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