Contents
The Directive requires the Member States of the European Union in particular to restrict the placing on the market (Art. 5), to ensure certain product requirements (Art. 6), to label certain plastic articles (Art. 7) and to extend producer responsibility within the meaning of the Waste Framework Directive (Art. 8). National regulations should provide for penalties in the event of non-compliance (Art. 14). [3]
The individual measures are to take effect at different times (Art. 17). [4]
In the event of a conflict, the Single-Use Plastics Directive takes precedence as lex specialis over Directive 94/62/EC (Packaging Directive) [5] and Directive 2008/98/EC (Waste Framework Directive). [3] [6]
Sales ban
Since 3 July 2021, Member States must prohibit the supply, for a certain or no monetary value, of single-use plastic items listed in Part B of the Annex to the Directive and of items made of oxo-degradable plastic. In addition to cotton buds, cutlery and plates, this also includes food packaging and beverage containers made of expanded polystyrene for takeaway meals and fast food. Oxo-degradable plastics are not considered biodegradable and break down into microplastics in the environment. [7]
Product requirements
Single-use plastic items listed in Part C of the Annex, in particular beverage containers with a capacity of up to three litres, whose caps and lids are made of plastic, may only be placed on the market from 3 July 2024 in accordance with Art. 6 if the caps and lids remain attached to the containers during the intended use of the product (see Tethered caps). Uniform EU-wide standards are intended in particular to ensure that the necessary strength, reliability and safety of closures for beverage containers, including closures for carbonated beverages, are maintained. To ensure uniform technical implementation, the European Commission has tasked the European Committee for Standardisation (CEN) in accordance with Art. 6(3) with developing a corresponding standard by 31 December 2022. [2] [8] [9]
PET bottles must consist of at least 25% recycled plastic from 2025 and at least 30% from 2030. [10]
Labelling requirement
Single-use plastic items listed in Part D of the Annex and placed on the market, such as sanitary pads and wet wipes, tobacco products and beverage cups must be labelled with consumer information on appropriate disposal options and warnings about the negative environmental impact of improper disposal in accordance with harmonised requirements established by the European Commission. The harmonised requirements have been laid down by the EU Commission in Implementing Regulation (EU) 2020/2151; they mainly concern the design, size and position of imprints with which packaging of the products concerned or beverage cups must be labelled. [11]
Extended producer responsibility
By 31 December 2024 at the latest, but for extended producer responsibility schemes established before 4 July 2018 and for single-use plastic items in accordance with Part E, Section III of the Annex, by 5 January 2023 at the latest, manufacturers will be obliged to bear the costs of take-back (collection in public collection systems) and disposal of single-use plastic items. [2]