10/16/22, 7:15 PM Proposal for a Directive on single use plastic adopted by the European Parliament - Lexology

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Proposal for a Directive on single use plastic adopted by

the European Parliament
European Union
October 29 2018
On Wednesday 24 October the European Parliament approved, by an overwhelming majority, the proposal for a
Directive on the reduction of the impact of certain plastic products on the environment (the “Proposal”) with
amendments.[1] The Proposal presents a number of measures intended to reduce plastic waste and prevent
marine litter. The measures are significant which, if made law, will have major implications for producers,
designers, the waste management industry and consumers. The Proposal will now be considered by the Council
and more developments are anticipated shortly.
Scope of the Proposal
The stated main objective of the Proposal is to prevent and to reduce the impact of certain plastic products on the
environment, in particular on the aquatic life and environment. This is achieved by defining specific waste
prevention and waste management objectives and measures in relation to single-use plastic products that are
most found on the beaches in the EU and fishing and aquaculture gear containing plastic. The products listed are
food containers, cups for beverages; cotton bud sticks; cutlery (forks, knives, spoons, chopsticks); plates; sticks
to be attached to and to support balloons; straws, except for straws intended and used for medical purposes;
beverage stirrers; beverage containers; sanitary items and wet wipes; packets and wrappers made from flexible
material containing food that is intended for immediate consumption; tobacco products with filters and filters
marketed for use in combination with tobacco products and lightweight plastic carrier bags.
Ban on certain single-use plastic products
The Proposal places a complete ban on specified single-use plastics, including cutlery and plates, drink stirrers,
straws, cotton buds and balloon sticks, on the basis that readily available alternatives of such products already
exist. These products, as well as those made of oxo-degradable plastics, such as bags or packaging, and fast food
containers made of expanded polystyrene, will be banned from the EU market by 2021 under the draft wording.
Consumption reduction measures
At present the Proposal states that single-use plastic products, where no readily available alternative exists, must
be reduced by at least 25% in Member States by 2025. This includes single-use food and drink containers, such
as burger boxes and plastic cups. Reduction measures will also include tobacco products, compelling cigarette
manufacturers to reduce the plastic in filters by 50% by 2025, and 80% by 2030. By 2025 beverage bottles must
be made from at least 35% recycled content and be recyclable.
Extended producer responsibility schemes

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10/16/22, 7:15 PM Proposal for a Directive on single use plastic adopted by the European Parliament - Lexology

It is proposed that such schemes be introduced for tobacco product filters including plastic and fishing gear
containing plastic.
Clean up obligations
Under the Proposal, producers of single-use plastics that are subject to the reduction measures will be required to
contribute to the costs of waste management and clean-up, as well as awareness raising measures. The draft
Directive also requires Member States to ensure that at least 50% of lost or abandoned fishing gear containing
plastic is collected per year, with a recycling target of at least 15% by 2025. It remains to be seen how this
requirement will be implemented in practice, although in any event it is likely to significantly extend producers’
obligations and financial contributions in relation to plastic waste.
National plans
Member States would be required to develop national plans to encourage the use of products suitable for multiple
use, as well as recycling and national quantitative reduction targets.
Plastic bottles will have to be separately collected and recycled at a rate of 90% by 2025 under the Proposal, for
example through a deposit return scheme (“DRS”). Similar schemes already operate in countries such as
Germany, Denmark and Sweden. The UK and the Welsh Government are to consult on a DRS proposal before
Christmas, whilst Scotland has already consulted on a DRS.
Next Steps
Discussions with the Council will follow the recent European Parliament vote. Depending on the outcome of
those discussions the proposals could become law shortly. Manufacturers and producers and all those in the
supply chain should follow developments closely.
The use of plastics and their lifecycle has come under intense scrutiny and the Proposal is one of a range of
devices to address the issue. More locally, earlier this week, DEFRA launched a consultation proposing to ban
the sale and distribution of plastic straws, drinks stirrers and cotton buds in England by 2020, and is expected to
publish its Resources and Waste Strategy later this year, which will examine further ways to reduce avoidable
waste and increase recycling. On a wider scale on 29 October 2018 “The New Plastics Economy Global
Commitment” was launched by the Ellen MacArthur Foundation, in collaboration with UN Environment. Setting
out a common vision and targets to address plastic waste and pollution at its source, reportedly “signatories
include companies representing 20% of all plastic packaging produced globally, as well as governments, NGOs,
universities, industry associations, investors, and other organisations.”

CMS Cameron McKenna Nabarro Olswang LLP -

Laura Swithinbank, Olivia Jamison, Alex Ibrahim and Paul Sheridan

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