Plastics and packaging laws in Bulgaria

1. What is the general legislative framework regulating packaging and plastics waste?

On a national level, the Bulgarian Waste Management Act (“WMA”) provides the general legislative framework that regulates packaging and plastics waste. The WMA is generally compliant with EU law, as it implements, inter alia:

  1. Directive 2008/98/ЕC on waste and repealing certain Directives; and 
  2. Directive 94/62/ЕC on packaging and packaging waste.

The WMA implements the general principles of precaution and sustainability, technical feasibility and economic viability, protection of resources as well as the overall environmental, human health, economic and social impacts. It also establishes a priority order to waste management:

  1. prevention;
  2. preparing for re-use;
  3. recycling;
  4. other recovery (e.g. energy recovery);
  5. disposal.

Furthermore, the national legislation regarding packaging and plastics waste, includes several ordinances, such as: 

  1. Ordinance on Packaging and Packaging Waste (“OPPW”); 
  2. Ordinance No. 2 of 23 January 2008 on Plastic Materials and Articles Intended to come into Contact with Food; 
  3. Ordinance No. 2 of 23 July 2014 on Waste Classification;
  4. Ordinance for Determining the Order of Payment and the Amount of the Product Fee; 
  5. Ordinance on reduction of the impact of certain plastic products on the environment (“ORICPPE”).

2. Are there any measures (existing or expected) in respect of single-use plastics?

The Ordinance on reduction of the impact of certain plastic products on the environment transposes into the Bulgarian legislation the requirements of EU Directive 2019/904 on the reduction of the impact of certain plastic products on the environment. It provides for measures which should be implemented inter alia by producers, importers, business operators, with a view to reduce the impact of certain plastic products on the environment. Some of the measures are already effective, while others will come into force at different dates in the future. Important measures include:

  1. Certain single-use plastic products are prohibited from being placed on the market such as cotton swabs, disposable cutlery and plates, straws, plastic carrier bags, the thickness of which is less than 25 microns, and others, as well as products made from oxo-degradable plastic.
  2. Marking requirements are introduced for producers, importers and distributors placing on the market certain personal hygiene, as well as tobacco products and others. The products shall be marked with visible, clearly legible and indelible markings informing users of the appropriate waste management options for the product or the waste disposal options to be avoided for that product, and the presence of plastics in it, as well as the potential negative impact on the environment from contamination or improper disposal of product waste. Marking is not required for packaging with a surface area of less than 10 cm2.
  3. Persons who place certain plastic products on the market such as food and beverage containers with a capacity of up to three liters, lightweight plastic carrier bags, which have a thickness below 50 microns and other products, have to apply for registration at the public register of the persons placing packaged goods on the market maintained by the Executive Environment Agency. The application must be submitted within one month of commencement of activity.
  4. In certain cases producers shall apply extended producer responsibility measures, which include raising awareness and promoting responsible consumer behaviour, and payment of a product fee for certain products.
  5. As of 1 January 2023, persons producing, processing and/or distributing food who use single-use plastic products for the filling of food, including beverages, and ready meals, at the point of sale to the final consumer shall implement measures to reduce their consumption. These measures include the placing of an information sign in a visible place, intended for the final consumer containing information on: the unit price of the plastic products and their negative impact on the environment, among others. The consumers must pay an additional fee specified by the ORICPPE for these products, which will gradually increase.
  6. Effective 3 July 2024 plastic beverage containers with a capacity of up to three litres which have lids or covers made of plastic, with few exceptions, may be placed on the market only if the lids and covers remain attached to the containers during use of the product.

3. Are there any (existing or expected) producer responsibility schemes in place for packaging or plastics?

The WMA and the OPPW determine the extended responsibility measures that producers must comply with if they place on the market products which, after use, form mass or ordinary waste. The measures aim at encouraging the reuse, prevention, recycling and other recovery of packaging waste. These measures include: the acceptance of returned products and waste remaining after the use of these products, the subsequent waste management and the financial responsibility for these activities, as well as obligations to provide information to the public on the extent to which the product can be reused and recycled.

  1. through collective systems represented by a recovery organisation (a commercial entity which manages and/or carries out the operations for separate collection, recycling and recovery of ordinary waste); or
  2. individually, if the person has received permit for these activities.

There are specific requirements established by the OPPW regarding the collection, utilisation and recycling of waste from packaged goods. Specifically, persons who place packaged goods on the market are responsible for the reduction of packaging waste. This includes the optimisation of packaging and its repeated use, as well as for the use of recycled materials in the production of packaging, when this does not contradict hygiene and health norms. Additionally, producers are responsible for the separate collection of the packaging waste that is generated by them, the recycling and utilisation of the separately collected packaging waste and the environmentally friendly disposal of the packaging waste that cannot be recycled and/or utilised.

The persons who place products, which generate mass waste and/or packaged goods on the market, shall fulfil their obligations either:

  1. through collective systems represented by a recovery organisation (a commercial entity which manages and/or carries out the operations for separate collection, recycling and recovery of ordinary waste); or
  2. individually, if the person has received permit for these activities.

4. Is there any (existing or expected) deposit return scheme (“DRS”) in place for packaging or plastics?

Deposit return schemes are generally regulated in Bulgaria by the WMA and the OPPW. According to the applicable provisions, persons placing packaged goods on the market may organise, individually or jointly with other manufacturers and distributors, deposit or other reusable packaging systems. These economic operators, together with consumers of packaging materials and packaged goods, as well as bodies and organisations established by law, would determine what conditions, type of packaging to which the deposit return system applies and the price for the deposit of packaging should be.

Although regulated, deposit return systems in Bulgaria are not implemented as a matter of practice. 

5. Are there any (existing or expected) taxes on packaging or plastics?

In Bulgaria, the Ordinance for Determining the Order of Payment and Amount of the Product Fee provides for a fee to be paid upon placing on the market, in the Republic of Bulgaria, products which form mass waste after they are used.

A product fee is paid for a few categories, including packaged goods or packaging material, when used for packaging of goods at the location of sale.

A product fee is not due for:

  1. plastic shopping bags, which cumulatively meet the following conditions:
    1. the thickness of the bag is at least 25 microns (µm);
    2. the minimum dimensions of the bag shall be 390 mm and 490 mm when unfolded;
    3. have markings with inscriptions in Bulgarian, printed on each package of the bags or on the bags themselves, which must contain:
      1.  the name, registered office and address of the person who places the bags on the market;
      2. designation: "reusable bag".
  2. very thin plastic shopping bags without gripping method;
  3. plastic shopping bags, meeting the standard EN 13432, marked with inscriptions in Bulgarian, which must contain:
    1. the name, registered office and address of the person who places the bags on the market;
    2. labelling: "the bag is biodegradable";
    3. date of manufacture and expiry date.

As a general rule, the product fee is included in the price of the product. The exception is plastic shopping bags (other than those listed above) that are only available for a fee to consumers at the point of sale of the goods or products.

6. Are there any measures (existing or expected) regarding micro-plastics or the use of microbeads in products?

There are no measures regarding micro-plastics or microbeads in Bulgaria.

7. Are there any (existing or expected) recycling or waste reduction targets in place for packaging or plastics?

The WMA and the OPPW regulate that persons placing packaged goods on the market shall take measures to achieve the following objectives: (i) no less than 60% of the weight of packaging waste must be recovered or incinerated in waste-incineration plants with energy recovery, and (ii) no less than 55% and no more than 80% of the weight of the packaging waste shall be recycled by recycling not less than 22.5% by weight of plastic packaging waste, the recycling of which results in only plastic. 

The WMA and the OPPW regulate the measures that shall be taken to reduce packaging waste, intended for final disposal, in the following sequence: the prevention of packaging waste, preparation for re-use of packaging waste, recycling of packaging waste, and other recovery of packaging waste, such as recovery for energy, and disposal.

8. Is the use of recycled materials in food packaging regulated?

On a national level, the Food Act regulates controls on packaging that is intended to come into contact with food. In addition, Ordinance No. 2 of 23 January 2008, on the Plastic Materials and Articles Intended to come into Contact with Food, creates conditions for the application of:

  • Regulation (EC) No. 1935/2004 on materials and articles intended to come into contact with food and repealing Directive 80/590 / EEC defining the symbol for authorised food contact and Directive 89/109 / EEC on materials and articles, intended for contact with food;
  • Regulation (EC) 2023/2006 on good manufacturing practices for food contact materials and articles;
  • Regulation (EC) No. 282/2008 on recycled plastic materials and articles intended to come into contact with food and amending Regulation (EC) № 2023/2006.
  • Regulation (EC) No. 975/2009 amending Directive 2002/72 / EC relating to plastic materials and articles, intended for contact with food.

The Ordinance determines the requirements that must be met for materials and objects coming into contact with food, including active packaging, intelligent packaging and objects from plastics.

Under Bulgarian law, persons who place on the market packaging or packaging materials must certify in a standard form declaration their conformity to these measures. In addition, persons who put packaged products on the market are obliged to use only packaging, which meets the conformity requirements, as certified before them with a copy of the conformity declaration. In this declaration for conformity, the packaging should be identified by abbreviations and codes.

Also, waste is subject to classification under the Ordinance No. 2 of 23 July 2014 on waste classification. The waste producer classifies waste by affixing to it a six-figure code as per schedule to the cited ordinance.

 

This chapter was last updated on December 2023 and does not reflect any subsequent developments in the law.

Portrait ofAntonia Kehayova
Antonia Kehayova
Counsel
Sofia
Portrait ofDesislava Anastasova
Desislava Anastasova
Senior Associate
Sofia