EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, 4.11.2013  
COM(2013) 761 final 
2013/0371 (COD) 
  
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Directive 94/62/EC on packaging  and packaging waste to reduce the 
consumption of lightweight plastic carrier bags 
(Text with EEA relevance) 
{SWD(2013) 443 final} 
{SWD(2013) 444 final}  EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
1.1. General Context 
The same properties that have made plastic  carrier bags commercially successful – 
low weight and resistance to degradati on – have also contributed to their 
proliferation. It is estimated that in 2010 every EU citizen us ed 198 plastic carrier 
bags, some 90% of which were estimated to be lightweight bags; these are less 
frequently re-used than thicker bags and more prone to littering. In a business-as-
usual scenario the consumption of plastic bags is expected to increase further.  
Estimates also suggest that in 2010, over 8 b illion plastic carrier bags were littered in 
the EU. They escape waste management streams and accumulate in our environment, especially in the form  of marine litter, which is incr easingly recognized to be a major 
global challenge. There also is documen ted evidence indicating large debris 
accumulation in European seas. The problem of plastic bag waste in water ecosystems does not affect only countries with a marine coastline, as a considerable amount of the waste from land reaches the sea through rivers. Once discarded, plastic 
carrier bags can last for hundreds of years, mostly in fragmented form. The very high 
and still increasing consumpti on of such bags is also sub-optimal from a resource 
efficiency perspective.  
In the EU, plastic carrier bags are consid ered as packaging under the Packaging and 
Packaging Waste Directive (Directive 94/62/EC). However, there is no EU 
legislation or policy specifically targeting plastic carrier bags. Some Member States 
have already developed policies to reduce th eir use, for instance by means of pricing 
measures, agreements with the retail sector  or awareness campaigns, with variable 
results. Following attempts by some Member  States to ban plastic carrier bags, the 
Environment Council of 14 March 2011 di scussed the issue and invited the 
Commission to analyse possible EU ac tion against plastic bag consumption. 
1.2. Grounds for and objectives of the proposal 
The general objective of this proposal on pl astic carrier bags is to limit negative 
impacts on the environment, in particular  in terms of littering, to encourage waste 
prevention and a more efficient use of resources, while limiting negative socio-economic impacts. More specifically, the proposal aims at reducing the consumption 
of plastic carrier bags with a thickness of  below 50 microns (0.05 milimeters) in the 
European Union. 
2. RESULTS
 OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENTS 
2.1. Consultation and expertise 
2.1.1. Studies 
A study on the production and consumption pa tterns of plastic car rier bags, their 
impacts and the impacts of different policy options to reduce thei r use was performed EN 3   EN in 20111. An additional study to assess the socio-economic impacts of different 
policy options in more deta il was carried out in 2012.2  
2.1.2. Internal consultation 
An Interservice Steering Group (ISG) with representatives of DGs ENV, ENTR, SG, 
SJ and SANCO was created in June 2011. Th is ISG followed the preparation of the 
Impact Assessment. 
2.1.3. External consultation 
A public consultation took place between 17 May and 9 August 2011, in line with 
existing minimum standards for consultation. 
15,538 responses were submitted, reflecting high public concern about the 
unsustainable consumption of plastic carri er bags and high expectations for EU 
action in this area.  
2.2. Impact assessment 
An impact assessment report and an executi ve summary are published together with 
the present proposal. The impact assessmen t evaluates the main environmental, 
social and economic impacts of various po licy options to reduce the consumption of 
plastic carrier bags. Various  levels of ambition are a ssessed and compared to a 
"baseline scenario" in order to identify the most appropriate instruments minimizing 
costs while maximizing benefits.  
The Commission’s Impact Assessment Boar d delivered a positive opinion on the 
impact assessment on 15 March 2013, while making a number of recommendations to fine-tune the report. Commenting on th e option to establish a common, EU-wide 
target to reduce the consumption of plastic  bags, the Board requested to assess to 
what extent the plastic bags littering pr oblem could be addressed by action at 
Member State level.  
Further consideration of the policy options available has led to the conclusion that it 
would be difficult to design and implement an EU-wide reduction target applying to 
all Member States. Instead of establishi ng a common EU targ et, it is therefore 
preferable to introduce in Directive 94/62/EC the obligation for all Member States to reduce the consumption of li ghtweight plastic carrier ba gs, while allowing them to 
set their own national reduction targets and to choose the measures to reach those 
targets. At a later stage the establishm ent of an EU-wide reduction target could 
however be considered.  
3. LEGAL
 ELEMENTS  OF THE  PROPOSAL 
3.1. Summary of the proposed action 
The proposal amends article 4 (preventi on) of Directive 94/ 62/EC by requiring 
Member States to take measures to reduc e the consumption of lightweight plastic 
carrier bags. It stipulates that these measures may include the use of economic 
instruments as well as marketing restric tions in derogation of  Article 18 of the 
                                                 
1 BioIntelligence Service, 2011. A ssessment of impacts of options to reduce the use of single-use plastic carrier bags, 
Final Report. 
2 Eunomia 2012. Assistance to the Commission to complement  an assessment of the socio-economic costs and 
benefits of options to reduce use of single-use plastic carrier  bags in the EU, Final Report.  EN 4   EN Directive. The latter provision thus broade ns the range of inst ruments available to 
Member States to address the unsustain able consumption of plastic bags.  
For the purpose of this Directive a definition of "lightweight plastic carrier bags" is 
introduced in Article 3 (definitions). 
3.2. Legal basis and right to act 
The proposal takes the same legal basis as Directive 94/62/EC (article 100a, now 
article 114 TFEU).  
The EU's right to act stems from the fact that the high consumption rates of plastic 
carrier bags represent both a common a nd a trans-boundary challenge, and an EU-
wide initiative is necessary to tackle the problem in a more coherent and effective 
way. At present, the measures taken by indi vidual Member States to address the issue 
lack coherence with respect  to the objectives pursued. Also, unilateral measures 
entailing marketing restrictions raise questi ons in terms of their compatibility with 
Directive 94/62/EC in its current form. At  the same time, the positive experiences 
made in a number of Member States demonstr ate that it is indeed possible to reduce 
plastic bag consumption considerably.  
EU action to reduce the use of plastic carrier  bags is fully in line with the objectives 
of Directive 94/62/EC on Packaging and Pack aging Waste, in particular that of 
preventing and reducing the environmenta l impacts of packaging and packaging 
waste.  
Given its specific nature and background, the present proposal is submitted as a self-
standing initiative, ah ead of the more general review of EU waste policy that the 
Commission will present in the spring of 2014. 
3.3. Subsidiarity and proportionality principle 
The proposal is in conformity with the subs idiarity and proportio nality principle set 
out in Article 5 of the Treaty on the Eur opean Union. It is limited to amending 
Directive 94/62/EC by providing a framewor k establishing shared objectives, while 
leaving Member States fr ee to decide about precise implementation methods.  
4. BUDGETARY  IMPLICATION 
The proposal will not have an impact on the European Union budget and is therefore 
not accompanied by the financial statemen t provided for under Article 31 of the 
Financial Regulation (Regulation (EU, Euratom) No 966/2012 of the European 
Parliament and of the Council of 25 October 2012 on the financial rules applicable to 
the general budget of the Union and repeal ing Council Regulation (EC, Euratom) No 
1605/2002). EN 5   EN 2013/0371 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Directive 94/62/EC on packaging  and packaging waste to reduce the 
consumption of lightweight plastic carrier bags 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 114 thereof, 
Having regard to the proposal from the European Commission3, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
4, 
After consulting the Committee of the Regions5, 
Acting in accordance with the or dinary legislative procedure, 
Whereas: (1) Directive 94/62/EC of the European Parliament and of the Council
6 was adopted in 
order to prevent or reduce the impact of  packaging and packaging waste on the 
environment. Although plastic carrier bags c onstitute packaging within the meaning of 
that Directive, its provisions do not contain specific measures relating to the 
consumption of such bags. 
(2) Consumption of plastic carrier bags results in high levels of littering and an inefficient 
use of resources and is expected to increase  if no action is taken. Littering of plastic 
carrier bags contributes to the problem of marine litter that threatens marine eco-
systems worldwide. 
(3) Plastic carrier bags with a thickness below 50 microns, which represent the vast 
majority of the total number  of plastic carrier bags c onsumed in the Union, are less 
frequently re-used than thicker plastic carrier bags and more prone to littering. 
(4) Consumption levels of plastic carrier bags  vary considerably across the Union due to 
differences in consumption habits, environmental awareness, as well as the effectiveness of policy measures taken by Me mber States. Some Member States have 
managed to reduce consumption levels of pl astic carrier bags significantly, with the 
average consumption level in the seven be st performing Member States amounting to 
only 20% of the EU average consumption.  
                                                
 
3 OJ C , , p. . 
4 OJ C , , p. . 
5 OJ C 
6 OJ L 365, 31.12.1994, p. 10. EN 6   EN (5) To promote similar reductions of the aver age consumption level of  lightweight plastic 
carrier bags, Member States should take measures to reduce the consumption of plastic carrier bags with a thickness below 50 microns  in line with the overall objectives of 
the Union’s waste policy and the Union's wast e hierarchy as provided for in Directive 
2008/98/EC of the European Parliament and of the Council of 19 November 2008 on 
waste and repealing certain Directives
7. Such reduction measures should take account 
of current consumption levels of plastic carrier bags in i ndividual Member States, with 
higher levels requiring more ambitious effo rts. To monitor progress in reducing the 
use of lightweight plastic carrier bags national authorities will provide data on their use under article 17 of Directive 94/62/EC. 
(6) Measures to be taken by Member States  may involve the use of  economic instruments 
such as taxes and levies, which have proved pa rticularly effective to reduce the use of 
plastic carrier bags, as well as marketing re strictions such as bans in derogation of 
Article 18 of Directive 94/62/EC, subject to the requirements laid down in Articles 34 
to 36 of the Treaty on the Functio ning of the European Union. 
(7) Measures to reduce the consumption of pl astic carrier bags should not lead to an 
overall increase in the generation of packaging. 
(8) The measures provided for by this Direct ive are consistent with the Communication 
from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the Roadmap to a Resource 
Efficient Europe
8 and should contribute to actions against littering undertaken in 
accordance with Directive 2008/56/EC of the European Parliament and of the Council 
of 17 June 2008 establishing a framework for community action in th e field of marine 
environmental policy (Marine Strategy Framework Directive9). 
(9) Directive 94/62/EC should th erefore be amended accordingly, 
HAVE ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 94/62/EC is hereby amended as follows: 
(1) In Article 3, a new point 2a is inserted: 
'2a. "lightweight plastic carrier bags” sh all mean bags made of plastic materials 
as defined in Article 3(1) of Commi ssion Regulation (EU) No 10/2011* with a 
wall thickness below 50 microns and whic h are supplied to consumers at the 
point of sale of goods or products. 
_______________________ * OJ L 12, 15.01.2011, p. 1.' 
(2) In Article 4, the following paragraph 1a is inserted: 
'1a Member States shall take measures to achieve a reduction in the consumption of 
lightweight plastic carrier bags  on their territory within tw o years of entry into force 
of this Directive.  
                                                
 
7 OJ L 312, 22.11.2008, p. 3. 
8 COM(2011)571 final 
9 OJ L 164, 25.6.2008, p. 19–40  EN 7   EN These measures may include the use of  national reduction targets, economic 
instruments as well as marketing restricti ons in derogation from Article 18 of this 
Directive. 
Member States shall report on the effects of these measures on the overall formation 
of packaging waste when reporting to the Commission in accordance with Article 17 
of this Directive.' 
Article 2 
1. Member States shall bring into force the laws, regulations and administrative 
provisions necessary to comply with this Directive by twelve months after the entry 
into force of this Directive. They sha ll forthwith communicate to the Commission the 
text of those provisions. 
When Member States adopt those provisions,  they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determin e how such reference is to be made. 
2. Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 
Article 3 
This Directive shall enter into force on the tw entieth day following that of its publication in 
the Official Journal of  the European Union . 
Article 4 
This Directive is addressed to the Member States. 
Done at Brussels, 
For the European Parliament For the Council 
The President The President