WARNING! July 3, 2024 – the obligation of a non-removable cap of the beverage packaging

Another of the duties for certain plastic products will come into effect in a month, specifically, the obligation to have a firmly attached (non-removable) cap:

  • of the beverage packaging made from plastic (to make it more simple, producer of beverage packaging registered by the Deposit System Administrator, using the symbol „Z“ on packaging), and
  • of the composite beverage packaging (producers fulfilling the obligation for the packaging by means of a Producer Responsibility Organization).

This obligation applies to the mentioned beverage containers with volume up to 3 liters.

Both types of producers (whether fulfilling the obligations for a given package by means of an Administrator or by a PRO) have in common the duty to place on the SR market only products with non-removable cap definition of the term beverage, i.e. liquid edible containing more than 80% water and capable of satisfying the physiological need for water. Beverages usually split into non-alcoholic and alcoholic ones, and milk is not involved.

 

If your product is defined as a beverage and if it is packed in the above types of packaging, from July 3, 2024, such a product can only be placed on the SR market with a firmly attached (non-removable) cap.

Distribution of beverages (into both, wholesale and retail networks) placed on the SR market before July 3, 2024 which does not have a non-removable cap is allowed within the territory of the Slovak Republic even after this date.

Note: If you place on the market of another EU member states milk or milk beverages, you need to become familiar with the legislation in the given member state, because milk is considered beverage according to the Commission's guidelines on single-use plastic products in accordance with the EP and Council Directive (EU) 2019/904 on reduction of environmental impact of certain plastic products; thus, the obligation of the non-removable cap could also apply to such products. In the framework of Slovak legislation milk does not fall under the definition of a beverage, however, it does not mean that you cannot place on the market such packaging within the EU single market.

Legislative background:

Obligation to use the non-removable caps results from the EP and Council Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment (so called SUP Directive) transposed to the Slovak legislation by the Art. 75d, par. 1 of the Act No. 79/2015 Coll. on waste, as amended. The above provision states the following: “A producer of a single-use plastic products is obliged to place on the market of the Slovak Republic the beverage packaging listed in the Annex No. 7a, part C, provided that caps or lids made of plastic remain attached to the beverage containers during the intended use of the product.“

Annex No. 7a part C comprises the following products:

Beverage packaging with volume up to three liters, i.e. containers for liquids, e.g. beverage packaging including their caps and lids, and composite beverage packaging including their caps and lids, except for

a) glass or metal beverage packaging with plastic caps or lids,

b) beverage packaging intended and used for food in liquid form with special medical purposes, to which a special regulation applies.

Definition of the term beverage is set out in the Art. 3 par. 4 of the Regulation of the Ministry of Agriculture of the Slovak Republic and Ministry of Health of the Slovak Republic No. 981/1996-100 from 20 May, 1996, which issues the first part and the first, second and third chapters of the second part of the Food Code of the Slovak Republic, namely: "Beverages are liquid edibles containing more than 80 % water, capable to satisfy the physiological need for water: they usually split to non-alcoholic and alcoholic ones. Beverages do not include milk.”

 
3 June, 2024