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EU - Approved Directive on Reducing Plastic Products and Plastic Wastes

The European Parliament and the Council of the European Union have published Directive (EU) 2019/904 on reduction of the impact of certain plastic products on the environment. Member States shall bring into force the necessary regulations to comply with the Directive by 3 July 2021 (unless specified below).

The key points of the Directive are as follows (the products concerned are highlighted in blue):

Reducing single-use plastic product consumption

Member States shall achieve a measurable quantitative reduction in the consumption of single-use plastic products listed in Part A of the Annex of the Directive, e.g. beverage cups, their covers and lids, and food containers for immediate food consumption. on the territory of the Member State by 2026 compared to 2022

Prohibited plastic products

Member States shall prohibit the placing on the market of the following products:

1.Products made from oxo-degradable plastic

2.Single-use plastic products listed in Part B of the Annex of the Directive:
a)   Cotton bud sticks (except those that fall within the scope active implantable medical devices under Council Directive 90/385/EEC or medical devices under Council Directive 93/42/EEC)
b)   Cutlery (forks, knives, spoons, chopsticks)
c)   Plates
d)   Straws (except those that fall within the scope active implantable medical devices under Council Directive 90/385/EEC or medical devices under Council Directive 93/42/EEC)
e)   Beverage stirrers
f)   Sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, including the mechanisms of such sticks
g)   Food containers made of expanded polystyrene, i.e. receptacles such as boxes, with or without a cover, used to contain food that

  • i)    is intended for immediate consumption either on-the-spot or take-away,
  • ii)   is typically consumed from the receptacle and
  • iii)  is ready to be consumed without any further preparation, such as cooking, boiling or heating, including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food
h)   Beverage containers made of expanded polystyrene, including their caps and lids
i)    Cups for beverages made of expanded polystyrene, including their caps and lids

Product requirements for single-use plastic beverage containers

1. The single-use plastic beverage containers with a capacity of up to 3 litres and containing plastic caps or lids can be placed on the market only if the caps or lids remain attached to the container during the product’s intended use stage, effective 3 July 2024.
Remark:
i) Metal caps or lids with plastic seals shall not be considered to be made of plastic.
ii)Beverage containers intended and used for food for special medical purposes in liquid form shall be exempted.

2.Harmonised standards shall be developed for presumption of conformity with the requirement mentioned in Point (1). They shall address the need to ensure the necessary strength, reliability and safety of beverage container closures, including those for carbonated drinks.

3.Single-use beverage containers with a capacity of up to 3 litres, in which polyethylene terephthalate (PET) as the major component, shall be manufactured from a certain proportion of recycled plastic:

Minimum percentage of recycled plastic in single-use PET beverage bottles
From 2025 25 %
From 2030 30 %

Marking requirements
1. The marking requirements shall apply to the following single-use plastic products:
a)Sanitary towels (pads) and tampons and tampon applicators
b)Wet wipes, i.e. pre-wetted personal care and domestic wipes
c)Tobacco products with filters and filters marketed for use in combination with tobacco products
d)Cups for beverages

2.The above products shall bear a conspicuous, clearly legible and indelible marking on their packaging or on the product itself informing consumers of the following:
a) Appropriate waste management options for the product or waste disposal means to be avoided for that product in line with the waste hierarchy
b) The presence of plastics in the product and the resulting negative environmental impacts of littering or other inappropriate waste disposal of the products

3. Harmonised marking specifications shall be established by the Commission.

Other proposed obligations for Member States

1. Member States shall ensure the extended producer responsibility schemes are established for all single-use plastic products listed in Part E of the Annex of the Directive (e.g. food containers, plastic bags, wet wipes, balloons) in accordance with Articles 8 and 8a of Directive 2008/98/EC on waste.

2.Member States shall take necessary measures to collect waste of single-use beverage bottles with a capacity of up to 3 litres including their caps and lids separately for recycling at the following rates:

Recycling rate at a given year
By 2025 77 % by weight of bottles placed on the market
By 2029 90 % by weight of bottles placed on the market

Guidelines on single-use plastic products

By 3 July 2020, the Commission shall publish guidelines, including examples of what is to be considered a single-use plastic product for the purpose of the Directive, as appropriate

Note:

? ’Plastic’ means a material consisting of a polymer within the meaning of Article 3(5) of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified.

?’Single-use plastic product’ means a product that is made wholly or partly from plastic and that is not conceived, designed or placed on the market to accomplish, within its life span, multiple trips or rotations by being returned to a producer for refill or re-used for the same purpose for which it was conceived.

?“Oxo-degradable plastic” means plastic material that includes additives which through oxidation lead to the fragmentation of the plastic material into micro-fragments or to chemical decomposition.

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