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 TREE.1   EN  
 
 
 
Council of the
 
European Union
 
 
 
 
 
 
 
 
Brussels
,
 
18
 
January
 
2019
 
(OR. 
en
)
 
 
 
5483
/
19
 
 
 
 
 
ENV 52
 
MI 43
 
IND 13
 
CONSOM 24
 
COMPET 48
 
MARE 3
 
PECHE 21
 
RECH 39
 
SAN 26
 
ENT 13
 
ECOFIN 41
 
CODEC 135
 
 
 
Interinstitutional File:
 
2018/0172(COD)
 
 
 
 
 
NOTE
 
From:
 
Gener
al Secretariat of the Council
 
To:
 
Delegations
 
No. prev. doc.:
 
5133/19
 
No. Cion doc.:
 
9465/18 
-
 
COM(2018) 340 final + COR 1 + ADD 1
 
Subject:
 
Proposal for a Directive of the European Parliament and of the Council on 
the reduction of the impact of certain
 
plastic products on the environment
 
- Final compromise text 
  
 
Delegations will find in the Annex  to this note, the final compromise text on the above proposal as 
endorsed by the Permanent Representatives Committee (Part 1) on 18 January 2019 and annexed to 
the letter to the European Parliament.  
  
 
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 ANNEX  
DIRECTIVE (EU) 2019/…  
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
of 
on the reduction of the impact of certain plastic products on the environment  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 
192(1)  thereof,  
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national parliaments,  
Having regard to the opinion of the European Economic and Social Committee1, 
Having regard to the opinion of the Committee of the Regions2,  
Acting in accorda nce with the ordinary legislative procedure,  
                                                 
1 OJ C […], […], p. […].  
2 OJ C […], […], p. […].   
 
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Whereas:  
(1) The high functionality and relatively low cost of plastic means that this material is 
increasingly ubiquitous in everyday life. While plastic plays a useful role in the economy 
and provides essent ial applications in many sectors, its growing use in short -lived 
applications, which are not designed for re -use or cost -effective recycling means that 
related production and consumption patterns have become increasingly inefficient and 
linear. Therefore, in the context of the Circular Economy Action Plan1, the Commission 
concluded in the European Strategy for Plastics ▌ that the steady increase in plastic waste 
generation and its leakage into our environment, in particular into the marine environment, 
must  be tackled in order to achieve a  ▌ circular lifecycle for plastics.  The European 
Strategy for Plastics2 is a step towards establishing a circular economy where the design 
and production of plastics and plastic products fully respect reuse, repair and recy cling 
needs and more sustainable materials are developed and promoted. The significant 
negative environmental, health and economic impacts of certain plastic products call for 
the setting up of a specific legal framework to effectively reduce those negativ e effects.  
                                                 
1 Communication from the Commission to the European Parliament, the Council, the 
European Economic and Social Committee and the Committee of the Regions "Closing the 
loop – An EU action plan for the Circular Economy" (COM(2015)  614 final).  
2 Communication from the Commission to the European Parliament, the Council, the 
European Economic and Social Committee and the Committee of the Regions "A 
European Strategy for Plastics in a Circular Economy" (COM(2018) 28 final).   
 
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(2) This Directive promotes circular approaches that prioritise sustainable non -toxic re-usable 
products and re -use systems over single -use products, aiming first and foremost at  a 
reduction of waste generated . Such  waste  prevention is at the pinnacle of the waste 
hierarchy enshrined in Article 4 of Directive 2008/98/EC of the European Parliament and 
of the Council1. This Directive will contribute to achieve the  United Nations Sustainable 
Development Goal 122 to ensure sus tainable consumption and production patterns. By 
retaining the value of products and materials for as long as possible and generating less 
waste, the economy of the Union can become more competitive and more resilient, while 
reducing the pressure on precio us resources and the environment.  
                                                 
1 Directive 2008 /98/EC of the European Parliament and of the Council of 19 November 2008 
on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).  
2 The 2030 Agenda for Sustainable Development adopted by the United Nations General 
Assembly on 25 September 2015.   
 
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(3) Marine litter is of a transboundary nature and is recognized as a  growing  global problem. 
Reducing marine litter is a key action for the achievement of United Nations Sustainable 
Development Goal 14 which calls to co nserve and sustainably use the oceans, seas and 
marine resources for sustainable development  ▌1. The Union must play its part in  
preventing and  tackling marine litter and aim to be a standard setter for the world. In this 
context, the Union is working with  partners in many international fora such as G20, G7 
and United Nations to promote concerted action. This initiative is part of the Union efforts 
in this regard.  It is also important that exports of plastic waste from the Union does not 
result in increased  marine litter elsewhere.  
                                                 
1  The 2030 Agenda for Sustainable Development adopted by the United Nations General 
Assembly on 25 September 2015.   
 
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(4) In accordance with multilateral agreements1 and Union waste legislation2, Member States 
are required to ensure sound waste management to prevent and reduce marine litter from 
both sea and land sources. In accordance with Uni on water legislation3 Member States are 
also required to tackle marine litter where it undermines the attainment of good 
environmental status of their marine waters, including as a contribution to United Nations 
Sustainable Development Goal 14.  
                                                 
1 United Nations Convention on the Law of the Sea (UNCLOS), the Convention on the 
Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (London 
Convention) and its 1996 Protocol (the London Protocol), Annex V of the International 
Convention for the Prevention of Pollution from Ships (MARPOL), Basel Convention on 
the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.  
2 Directive 2008/98/EC and Directive 2000/59/EC of the European Parliament and of the 
Council of 27 November 2000 on port reception facilities for ship -generated waste and 
cargo residues (OJ L 332, 28.12.2000, p. 81).  
3 Directive  2000/60/EC of the European Parliament and of the Council of 23 October 2000 
establishing a framework for Community action in the field of water policy (OJ L 327, 
22.12.2000, p. 1) and  Directive 2008/56/EC of the European Parliament and of the Council 
of 17 June 2008 establishing a framework for community action in the field of marine 
environmental policy (Marine Strategy Framework Directive) (OJ L 164 25.6.2008, p. 19) .  
 
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(5) In the Union, 80 to 85 % of marine litter, measured as beach litter counts, is plastic, with 
single -use plastic items representing 50 % and fishing -related items representing 27 %. 
Single -use plastics products include a diverse range of commonly used fast -movi ng 
consumer products that are discarded after having been used once for the purpose for 
which they were provided, are rarely recycled, and are prone to littering. A significant 
proportion of the fishing gear placed on the market is not collected for treatm ent. Single -
use plastic products and fishing gear containing plastic are therefore a particularly serious 
problem in the context of marine litter and pose a severe risk to marine ecosystems, 
biodiversity and  ▌ to human health and are damaging activities such as tourism, fisheries 
and shipping.  
(6) Microplastics do not directly fall within the scope of this Directive, yet they contribute to 
marine litter and the Union should therefore adopt a comprehensive approach to this 
problem. The Union should encourage all producers to strictly limit microplastics from 
their formulations.   
 
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(7) Proper waste management remains essential for the prevention of all litter, including 
marine litter. Existing Union legislatio n1 and policy instruments provide some regulatory 
responses to address marine litter. In particular, plastic waste is subject to overall Union 
waste management measures and targets, such as the recycling target for plastic packaging 
waste2 and the recently  adopted objective in the Plastics Strategy3 to ensure that all plastic 
packaging is recyclable by 2030. However, the impact of that legislation on marine litter is 
not sufficient and there are differences in the scope and the level of ambition amongst 
national measures to prevent and reduce marine litter. In addition, some of those measures, 
in particular marketing restrictions for single -use plastic products, may create barriers to 
trade and distort competition in the Union. 
                                                 
1 Directive 2008/98/EC, Directive 2000/59/EC, Directive 2000/60/EC, Directive 2008/56/E C 
and Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a 
Community control system for ensuring compliance with the rules of the common fisheries 
policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, 
(EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 
509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 
and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 
(OJ L 343, 22.12 .2009, p. 1).  
2 Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on 
packaging and packaging waste (OJ L 365 31.12.1994, p. 10).  
3 Communication from the Commission to the European Parliament, the Council, the 
European Ec onomic and Social Committee and the Committee of the Regions "A European 
Strategy for Plastics in a Circular Economy" (COM(2018)28 final ).  
 
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(8) To focus efforts where t hey are most needed, this Directive should only cover the most 
found single -use plastics products  as well as fishing gear and products made from oxo-
degradable plastic . The single -use plastics products covered by measures under this 
Directive  are estimated  to represent around 86% of the single -use plastics found, in counts, 
on beaches in the Union. Metal and glass beverage containers should not be covered by 
this Directive as they are not among the top littered plastic items.  
(9) The present Directive is a lex specialis compared with Directive 94/62/EC and Directive 
2008/98/EC. In the event of conflict between those Directives and the present Directive 
then the latter will prevail within the scope of its application. This is the case for 
restrictions on plac ing on the market. In particular with regard to consumption 
reduction measures, product requirements, marking requirements and extended 
producer responsibility  this Directive supplements Directive 94/62/EC, Directive 
2008/98/EC and Directive 2014/40/EU of  the European Parliament and of the Council1. 
(10) Terrestrial pollution and contamination of soil by larger items of plastic and resulting 
fragments or micro -plastics can be significant and such plastic can leak into the marine 
environment.  
                                                 
1  Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on 
the approximation of the law s, regulations and administrative provisions of the Member 
States concerning the manufacture, presentation and sale of tobacco and related products 
and repealing Directive 2001/37/EC (OJ L 127 29.4.2014, p. 1).   
 
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(11) Single use plastic products can be manufactured from a wide range of plastics. Plastics are 
usually defined as polymeric materials to which additives may have been added. However, 
this definition would cover certain natural polymers. Unmodified natural polymers , in 
accordance with the definition of not chemically modified substances in Article 3(40) of 
Regulation (EC) No 1907/2006 of the European Parliament and of the Council1, should 
not be covered as they occur naturally in the environment. Therefore, the defini tion of 
polymer in Article 3(5) of Regulation (EC) No 1907/2006  ▌ should be adapted and a 
separate definition should be introduced for the purposes of this Directive. Plastics 
manufactured with modified natural polymers, or plastics manufactured from bio -based, 
fossil or synthetic starting substances are not naturally occurring and should therefore be 
addressed by this Directive. The adapted definition of plastics should therefore cover 
polymer -based rubber items and bio -based and biodegradable plastics reg ardless of 
whether they are derived from biomass and/or intended to biodegrade over time. The 
following polymeric  materials should not be addressed by this Directive and should 
therefore not be covered by the definition : paints, inks and adhesives.  
                                                 
1 Regulation (EC) No 1907/2006 of the Europea n Parliament and of the Council of 18 
December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of 
Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 
1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission 
Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission 
Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 
1).  
 
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(12) In order to clearly define the scope of this Directive the term single -use plastic product 
should be defined. The definition should exclude plastic products that are conceived, 
designed and placed on the market to accomplish within their lifecycle multiple  trips or 
rotations by being refilled or reused for the same purpose for which they are conceived.  
Single -use plastic products are typically intended to be used just once or for a short 
period of time before being disposed of. Prewetted wet wipes for perso nal care and 
domestic use are within the scope of this Directive, whereas industrial wet wipes are 
excluded. To further clarify whether a product is to be  considered a single -use plastic 
product listed in the Annex, the Commission should develop guidelines  on single -use 
plastic products. In view of the criteria set out in the Annex, examples for food 
containers to be considered as single -use plastic products for the purposes of this 
Directive are fast -food containers or meal, sandwich, wrap and salad boxes with cold or 
hot food, or food containers of fresh or processed food that does not need further 
preparation, such as fruits, vegetables or desserts. Examples of food containers that are 
not to be considered as single -use plastic products for the purposes o f this Directive are 
food containers with dried food or food that is sold cold requiring further preparation, 
containers containing food in more than single -serve portions or single -serve portion 
sized food containers sold in more than one unit. Examples f or beverage containers to be 
considered as single -use plastic products are beverage bottles or composite beverage 
packaging used for beer, wine, water, liquid refreshments, juices and nectars, instant 
beverages or milk, but not cups for beverages as these are a separate category of single -
use plastic products for the purposes of this Directive. As glass and metal beverage 
containers are not among the top littered plastic items, they are not covered by the 
measures of this Directive. However, the Commission should evaluate inter alia caps and 
lids made of plastic used for glass and metal beverage containers.   
 
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(13) The single -use plastic products should be addressed by one or several measures, depending 
on various factors, such as the availability of suitable  and more sustainable alternatives, the 
feasibility to change consumption patterns, and the extent to which they are already 
covered by existing Union legislation.   
 
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(14) For certain single -use plastic products, suitable and more sustainable alternatives are not 
yet readily available and the consumption of most such single -use plastic products is 
expected to increase. To reverse that trend and promote efforts towards more sustainable 
solutions Member States should be required to take the necessary measures , for example 
by setting national consumption reduction targets,  to achieve an ambitious and sustained  
reduction in the consumption of those products, without compromising food hygiene or 
food safety, good hygiene practices, good manufacturing practices, consumer information, 
or traceability requirements set out in Union food legislation1. Member States should aim 
at the highest possible ambition for those measures, which should induce a substantial 
reversal of increasing consumption trends and lead to a m easurable quantitative 
reduction. Those measures should take into account the impact of products throughout 
their life cycle including when found in the marine environment and should respect the 
waste hierarchy. Where Member States decide to implement this  obligation through 
market restrictions, they should ensure that such restrictions are proportionate and non -
discriminatory. Member States should encourage the use of products that are suitable 
for multiple use and that are, after having become waste, suit able for preparing for re -
use and recycling.  
                                                 
1 Regulation (EC) 178/2002 laying down the general principle s and requirements of food law 
(OJ L 31, 1.2.2002, p.1 -24), Regulation (EC) No 852/2004 on the hygiene of foodstuffs (OJ 
L 139, 30.4.2004, p.1 -54), Regulation (EC) No 1935/2004 on materials intended to come 
into contact and other relevant legislation relat ed to food safety, hygiene and labeling (OJ L 
338, 13.11.2004, p.4).   
 
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(15) Tobacco product filters containing plastic are the second most littered single -use plastic 
items. The huge environmental impact caused by post -consumption waste of tobacco 
products with filters, discarde d directly into the environment needs to be reduced. 
Innovation and product development are expected to provide viable alternatives to filters 
containing plastic, and this development needs to be accelerated. Extended producer 
responsibility schemes for to bacco products should also encourage innovation leading to 
the development of sustainable alternatives to tobacco product filters containing plastic. 
Member States should promote a wide range of measures to reduce littering of post -
consumption waste of tob acco product filters .  
 
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(16) For other single -use plastic products, suitable and more sustainable alternatives that are 
also affordable are readily available. In order to limit the adverse impact of such products 
on the environment, Member States should be  required to prohibit their placing on the ▌ 
market. By doing so, the use of those readily available and more sustainable alternatives as 
well as innovative solutions towards more sustainable business models, re -use alternatives 
and substitution of materia ls would be promoted.  The market restrictions introduced in 
this Directive should also cover products made from oxo-degradable plastic , as this type 
of plastic does not properly biodegrade and thus contributes to microplastic pollution in 
the environment, is not compostable, negatively affects the recycling of conventional 
plastic and fails to deliver a proven environmental benefit. In view of the high 
prevalence of polystyrene litter in the marine environment and the availability of 
alternatives, single -use food and beverage containers and cups for beverages made of 
expanded polystyrene should also be restricted.   
 
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(17) Caps and lids ▌  made of plastic, from beverage containers are among the most found 
single -use plastic items littered on Union beaches.  Therefore, beverage containers that are 
single -use plastic products should only be allowed to be placed on the market if they fulfil 
specific product design requirements significantly reducing the leakage into the 
environment of beverage container caps and li ds. For beverage containers that are single -
use plastic products and packaging, this requirement is an addition to the essential 
requirements on the composition and the reusable and recoverable, including recyclable, 
nature of packaging set out in Annex II  of Directive 94/62/ EC. In order to facilitate 
conformity with the product design requirement and ensure a smooth functioning of the 
internal market, it is necessary to develop a harmonised standard adopted in accordance 
with Regulation (EU) No 1025/2012 o f the European Parliament and of the Council1 and 
the compliance with that standard should allow presumption of conformity with those 
requirements. Therefore, the timely development of a harmonised standard is of the 
highest priority to ensure an effective  implementation. Sufficient time should be 
envisaged for the development of a harmonised standard and to allow the producers to 
adapt their production chains in relation to the implementation of the product design 
requirement.  In order to ensure the circul ar use of plastics, the market uptake of recycled 
materials needs to be promoted. It is therefore appropriate to introduce a requirement 
for a mandatory minimum content of recycled plastics in beverage bottles.  
                                                 
1 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 
October 2012 on European standardisation, amending Council Directives 89/686/EEC and 
93/15/EEC and Direc tives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 
2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council 
and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European 
Parliament and of the Council (OJ L 316, 14.11.2012, p.12).   
 
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(18) Plastic products should be manufacture d taking into account their entire lifespan. The 
design of plastic products should always take into account the production and use phase 
and the reusability and recyclability of the product.  In the context of the review to be 
undertaken pursuant to Articl e 9(5) of Directive 94/62/EC, the Commission should take 
into account the relative properties of different packaging materials, including 
composite materials, on the basis of life -cycle assessments, addressing in particular 
prevention and design for circul arity.  
(19) The presence of hazardous chemical substances in sanitary towels and tampons and 
tampon applicators as listed in Part D of the Annex should be avoided in the interest of 
women’s health. With the view to the ongoing process under REACH, it is ap propriate 
for the Commission to assess further restrictions on these substances.   
 
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(20) Certain single -use plastic products end up in the environment as a result of inappropriate 
disposal through sewers or other inappropriate release into the environment.  Disposal 
through sewers may in addition cause substantial economic damage to sewer networks 
by clogging pumps and blocking pipes. For these products, there is frequently a 
significant lack of information about the material characteristics of these products  and 
the appropriate waste disposal. Therefore, single -use plastic products that are frequently 
disposed of through sewers or otherwise inappropriately disposed of should be subject to 
marking requirements. The marking should inform consumers about appropr iate waste 
management  options for the product or waste disposal means  to be avoided for that 
product in line with the waste hierarchy and ▌ about the  presence of plastics in the 
product and the resulting  negative environmental impacts of littering or other  
inappropriate disposal. The marking should, as appropriate, be either on the packaging 
of the single -use plastic product or directly on the product itself. The Commission should 
be empowered to establish  ▌harmonised  specifications  for the marking and wh en doing 
so should, where appropriate, test the perception of the proposed marking with 
representative groups of consumers to ensure that it is effective and clearly understandable. 
With regard to fishing gear, the marking requirements are already applied pursuant to 
Regulation (EC) No 1224/2009.   
 
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(21) With regard to single -use plastic products for which there are no readily available suitable 
and more sustainable alternatives, Member States should, in line with the polluter pays 
principle, also introduce extended producer responsibility schemes to cover the necessary 
costs of waste management and clean -up of litter as well as the costs of awareness -raising 
measures to prevent and reduce such litter. These costs should not exceed the costs that 
are necessar y to provide those services in a cost -efficient way and should be established 
in a transparent way between the actors concerned.  
(22) Economic and other incentives to support sustainable consumer choices and promote 
responsible consumer behaviour can be an  effective tool for achieving the objectives of 
this Directive.   
 
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(23) The large portion of plastic stemming from  ▌discarded fishing gear , including abandoned 
and lost fishing gear,  containing plastic in marine litter indicates that the existing legal 
requirements1 do not provide sufficient incentives to return such fishing gear to shore for 
collection and treatment. The indirect fee system envisaged under Union law on port 
reception facilities for the delivery of waste from ships provides a system to take  away the 
incentive for ships to discharge their waste at sea, and ensures a right of delivery. That 
system should, however, be supplemented by further financial incentives for fishermen to 
bring their fishing gear waste on shore to avoid any potential inc rease in the indirect waste 
fee to be paid. As plastic components of fishing gear have a high recycling potential, 
Member States should, in line with the polluter pays principle, introduce extended 
producer responsibility for fishing gear or its components  containing plastic to ensure  
separate collection of waste fishing gear and to finance sound waste management of such 
fishing gear, in particular recycling.  
(24) In the framework of an extended producer responsibility for fishing gear containing 
plastic, Member States should monitor and assess, in line with Article 13, fishing gear 
containing plastic.  
                                                 
1 Council Regulation (EC) No 1224/2009, Directive 2000/59/EC and Directive 2008/98/EC.   
 
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(25) While all marine litter containing plastic poses risks to the environment and human health 
and should be tackled, proportionality considerations should also be taken into account. 
Therefore, the fishers themselves and artisanal makers of fishing gear conta ining plastic 
should not be considered a producer and responsible for fulfilling the obligations of the 
producer related to  the extended producer responsibility.  
(26) In order to prevent littering and other inappropriate forms of disposal resulting in mari ne 
litter containing plastic, consumers need to be properly informed about the most 
appropriate waste  management  options available and/or waste disposal options to be 
avoided, best practices with regard to sound waste management  and the environmental 
impac t of bad disposal practices as well as about the plastic content in certain single -use 
plastic products and fishing gear. Therefore, Member States should be required to take 
awareness raising measures ensuring that such information is given to the consumer s. This 
information should include the impact of inappropriate waste disposal on the sewer 
network. The information should not contain any promotional content encouraging the use 
of the single -use plastic products. Member States should be able to choose th e measures 
which are most appropriate based on the nature of the product or its use. Producers of 
single -use plastic products and fishing gear containing plastic should cover the costs of the 
awareness raising measures as part of their extended producer re sponsibility obligation.   
 
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(27) Directive 2008/98/EC lays down general minimum requirements for extended producer 
responsibility schemes. Those requirements should apply to extended producer 
responsibility schemes established by this Directive , irrespectiv ely of their mode of 
implementation by legislative act or by means of agreements according to Article 17(3). 
The relevance of some requirements depends on the characteristics of the product. 
Separate collection is not required to ensure proper treatment in  line with the waste 
hierarchy for tobacco products, wet wipes and balloons. Therefore setting up separate 
collection for those products is not mandatory . This Directive ▌ establishes additional 
extended producer responsibility requirements, for example, t he requirement on producers 
of certain single -use plastic products to cover the costs of clean -up of litter.  These costs 
cover the costs of specific infrastructure for collection of post consumption waste of 
tobacco products, such as appropriate waste rece ptacles in common litter hotspots. The 
calculation methodology for the costs to clean up litter should take into account 
considerations of proportionality. To minimize administrative costs Member States may 
determine financial contributions to clean up lit ter by setting appropriate multiannual 
fixed amounts.   
 
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(28) Beverage bottles that are single -use plastic products are one of the most found marine litter 
items on the beaches in the Union. This is due to ineffective separate collection systems 
and low par ticipation in those systems by the consumers. It is necessary to promote more 
efficient separate collection systems and therefore, a minimum separate collection target 
should be established for beverage bottles that are single -use plastic products. While t he 
obligation to separately collect waste requires that waste be kept separate by type and 
nature, it should be possible to collect certain types of waste together provided that this 
does not impede high -quality recycling in line with the waste hierarchy i n accordance 
with the provisions in Article 10(2) and (3)(a) of Directive 2008/98/EC.  The setting of the 
collection target should be based on the amount of plastic bottles placed on the market in 
a Member State or alternatively on the amount of waste plast ic bottles generated in a 
Member State. The calculation of the weight of waste generated in a Member State 
should take due account of all waste plastic bottles generated, including those littered 
that escape waste collection systems. Member States should b e able to achieve that 
minimum target by setting separate collection targets for beverage bottles that are single -
use plastic products in the framework of the extended producer responsibility schemes or 
by establishing deposit refund schemes or by any othe r measure that they find appropriate. 
This will have a direct, positive impact on the collection rate, the quality of the collected 
material and the quality of the recyclates, offering opportunities for the recycling business 
and the market for the recycla te. It will support reaching the recycling targets for 
packaging waste set in Directive 94/62/EC.   
 
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(29) It is important to monitor the levels of marine litter in the Union to assess the 
implementation of this Directive.  In accordance with the Marine Fram ework Strategy 
Directive 2008/56/EC Member States are required to regularly monitor the properties 
and quantities of marine litter, including plastic marine litter. This monitoring data is 
also communicated to the Commission.  
(30) The aim of this Directive  is to protect the environment and human health.  As the Court 
of Justice has held on numerous occasions, it would be incompatible with the binding 
effect, which the third paragraph of Article 288 of the Treaty on the Functioning of the 
European Union ascri bes to a Directive, to exclude, in principle, the possibility of an 
obligation imposed by a Directive from being relied on by persons concerned. That 
consideration applies particularly in respect of a Directive, which has the objectives of 
preventing and r educing the impact of certain plastic products on the aquatic 
environment.   
 
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(31) Pursuant to paragraph 22 of the Interinstitutional Agreement between the European 
Parliament, the Council of the European Union and the European Commission on Better 
Law-Making of 13 April 20161, the Commission should carry out an evaluation of this 
Directive. That evaluation should be based on experience gathered and data collected 
during the implementation of this Directive and data collected under Directive 2008/56/EC 
or Directive 2008/98/EC. The evaluation should provide the basis for an assessment of 
possible further measures , including the setting of Union -wide reduction targets for 2030 
and beyond,  and an assessment whether, in view of monitoring of marine litter in the  
Union, the Annex listing single -use plastic products needs to be reviewed  and whether the 
scope can be broadened to other single -use products .  
(32) Member States should lay down rules on penalties applicable to infringements of the 
provisions of this Directive and ensure that they are implemented. The penalties should be 
effective, proportionate and dissuasive.  
                                                 
1 OJ L 123, 12.5.2016, p. 1.   
 
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(33) In order to ensure uniform conditions for the implementation of this Directive, 
implementing powers should be conferred on the Commissio n in respect of1 the 
methodology for the calculation of the annual consumption of the single -use plastic 
products for which consumption reduction objectives have been set, the specifications for 
the marking to be affixed on certain single -use plastic produ cts, the methodology for the 
calculation and verification of the collection target of single -use plastic products for 
which separate collection targets have been set  and the format of the information to be 
provided by Member States and compiled by the Euro pean Environment Agency on the 
implementation of this Directive. Those powers should be exercised in accordance with 
Regulation (EU) No 182/2011 of the European Parliament and of the Council2.  
(34) It is appropriate to allow Member States to choose to imp lement certain provisions of 
this Directive by means of agreements between the competent authorities and the 
economic sectors concerned, provided that particular requirements are met.  
                                                 
1  To be adapted during lawyer -linguist revision.  
2 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 
February 2011 laying down the rules and general principles concerning mechanisms for 
control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 
28.2.2011, p. 13).   
 
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(35) Since the objectives of this Directive, namely to prevent and to reduce the impact of certain 
single -use plastic products and fishing  ▌containing plastic on the environment  and on 
human health , to promote the transition to a circular economy, including the fostering of 
innovative business models, products and materials , thus also contributing to the efficient 
functioning of the internal market, cannot be sufficiently achieved by the Member States 
but can rather, by reason of the scale and effects of the action, be better achieved at Union 
level, the Union may adopt meas ures, in accordance with the principle of subsidiarity as set 
out in Article 5 of the Treaty on European Union. In accordance with the principle of 
proportionality as set out in that Article, this Directive does not go beyond what is 
necessary in order to achieve those objectives . 
(36) The fight against litter is a shared effort between competent authorities, producers and 
consumers. Public authorities, including the Union institutions, should lead by example,  
HAVE ADOPTED THIS DIRECTIVE:   
 
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Article 1  
Objectives  
The objective of this Directive is to prevent and reduce the impact of certain plastic products on the 
environment, in particular the aquatic environment, and on human health as well as to promote the 
transition to a circular economy with innova tive and sustainable  business models, products and 
materials, thus also contributing to the efficient functioning of the internal market.  
Article 2  
Scope  
1. This Directive shall apply to the single -use plastic products listed in the Annex , to products 
made from oxo-degradable plastic  and to fishing gear containing plastic.  
2. Where this Directive lays down rules that conflict with Directives 94/62/EC or 
2008/98/EC, then the rules in this Directive shall prevail.   
 
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Article 3  
Definitions  
For the purposes of  this Directive, the following definitions apply:  
(1) '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;  
(2) '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;  
(3) ' oxo-degradable plastic ' means plastic materials that inc ludes additives which through 
oxidation lead to the fragmentation of the plastic material into micro -fragments or to 
chemical decomposition ; 
(4) 'fishing gear' means any item or piece of equipment that is used in  fishing and aquaculture 
to target or capture or rear marine biological resources or that is floating on the sea surface 
and is deployed with the objective of attracting and capturing or rearing such marine 
biological resources;   
 
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(5) 'waste fishing gear' means any fishing gear covered by the definition of waste in Directive 
2008/98/EC, including all separate components, substances or materials that were part of 
or attached to such fishing gear when it was discarded , including when it was abandoned 
or lost;   
(6) ‘placing on the market’ means the first making available of a product on ▌ the market  of 
the Member State ; 
(7) ‘making available on the market’ means any supply of a product for distribution, 
consumption or use on the Member State  market in the cours e of a commercial activity, 
whether in return for payment or free of charge;  
(8) ‘harmonised standard’ means harmonised standard as defined in point (c) of point 1 of 
Article 2 of Regulation (EU) No 1025/2012;  
(9) ‘waste’ means waste as defined in Article 3(1) of Directive 2008/98/EC;  
(10) 'extended producer responsibility scheme' means extended producer responsibility scheme 
as defined in Article 3(21) of Directive 2008/98/EC;   
 
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(11) 'producer' means : 
(i) any natural or legal person established in a Member  State that professionally 
manufactures, fills, sells or imports , irrespective of the selling technique used, 
including distance contracts within the meaning of Directive 2011/83/EU of the 
European Parliament and of the Council of 25 October 20111, and places on the 
market of that Member State single -use plastic products or filled single -use plastic 
products or  fishing gear containing plastic except persons carrying out fishing 
activities as defined in Article 4(28) of Regulation (EU) No 1380/2013 of th e 
European Parliament and of the Council2; or 
(ii) any natural or legal person established in another Member State or in a third 
country that professionally sells directly to private households or to users other 
than private households in a Member State, b y distance contracts within the 
meaning of Directive 2011/83/EU, single -use plastic products or filled single -use 
plastic products and fishing gear containing plastic except persons carrying out 
fishing activities as defined in Article 4(28) of Regulation (EU) No 1380/2013;  
                                                 
1 Directive 2011/83/EU of the  European Parliament and of the Council of 25 October 2011 on 
consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the 
European Parliament and of the Council and repealing Council Directive 85/577/EEC and 
Directive 97/7/EC of t he European Parliament and of the Council ( OJ L 304, 22.11.2011, p. 
64). 
2 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 
December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 
1954/2003 and (EC ) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 
and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).   
 
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(12) 'collection' means collection as defined in Article 3(10) of Directive 2008/98/EC;  
(13) ‘separate collection’ means separate collection as defined in Article 3(11) of Directive 
2008/98/EC;  
(14) 'treatment' means treatment as defin ed in Article 3(14) of Directive 2008/98/EC;  
(15) 'packaging' means packaging as defined in Article 3(1) of Directive 94/62/EC;  
(16) 'biodegradable plastic' means a plastic capable of undergoing physical, biological 
decomposition, such that it ultimately d ecomposes into carbon dioxide (CO 2), biomass 
and water and in accordance with European standards for packaging recoverable 
through composting and anaerobic digestion;  
(17) 'port reception facilities' means 'port reception facilities' as defined in Article 2(e) of 
Directive 2000/59/EC ; 
(18) ‘tobacco products’ means tobacco products as defined in point (4) of Article 2 of 
Directive 2014/40/EU .  
 
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Article 4  
Consumption reduction  
1. Member States shall take the necessary measures to achieve an ambitious and sust ained  
reduction in the consumption of the single -use plastic products listed in part A of the 
Annex, in line with the overall objectives of the Union’s waste policy, in particular waste 
prevention, leading to a substantial reversal of increasing consumpti on trends. These 
measures shall achieve a measurable quantitative  reduction in the consumption of the 
single -use plastic products listed in Part A of the Annex on the territory of the Member 
State by 2026 compared to 2022. Member States shall by … [ end-date for transposition of 
this Directive]  prepare a description of all the measures which they have adopted 
pursuant to this paragraph and shall notify this description to the Commission and make 
it publicly available. The measures set out in the description shall be integrated into the 
programmes referred to in Article 11 upon the first following update of those plans or 
programmes in accordance with the relevant legislative acts of the Union governing 
those plans or programmes, or into any other programmes d rawn up specifically for this 
purpose.   
 
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Those measures may include national consumption reduction targets, measures ensuring 
that reusable alternatives to those products are made available at the point of sale to the 
final consumer, economic instruments such as ensuring that single -use plastic products are 
not provided free of charge at the point of sale to the final consumer  and agreements 
referred to in Article 17(3). Member States may take marketing restrictions in derogation 
from Article 18 of Directi ve 94/62/EC for the purposes of prevention of littering of those 
products in order to ensure that those products are substituted with alternatives that are 
reusable or do not contain plastic . Those measures may vary depending on the 
environmental impact of  the products referred to in the first subparagraph  over their life 
cycle, including when littered.  
Measures adopted pursuant to this paragraph shall be proportionate and non -
discriminatory. Member States shall notify the Commission of those measures in 
accordance with Directive (EU) 2015/1535  of the European Parliament and of the 
Council1 where so required by that Directive.  
                                                 
1 Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 
2015 laying down  a procedure for the provision of information in the field of technical 
regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).   
 
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In order to comply with the first subparagraph of this paragraph, each Member State 
shall monitor the single -use plastic products listed in Part A of the Annex placed on the 
market and the reduction measures taken and shall report on progress made to the 
Commission in accordance with paragraph 2 of this Article and Article 13(1) with a view 
to the establishment of binding quantitativ e Union targets for the consumption 
reduction . 
2. The Commission shall, by … [18 months after the date of entry into force of this 
Directive]  adopt an implementing act laying down the methodology for the calculation and 
verification of the ambitious and su stained  reduction in the consumption of the single -use 
plastic products referred to in paragraph 1 of this Article.  That implementing act shall be 
adopted in accordance with the examination procedure referred to in Article 16(2).  
Article 5  
Restrictions on placing on the market  
Member States shall prohibit the placing on market of the single -use plastic products listed in Part B 
of the Annex  and products made from oxo-degradable plastic .   
 
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Article 6  
Product requirements  
1. Member States shall ensure that si ngle-use plastic products listed in Part C of the Annex 
that have caps and lids  ▌made of plastic may be placed on the market only if the caps and 
lids remain attached to the container during the product’s intended use stage.  
2. For the purposes of this A rticle metal caps or lids with plastic seals shall not be considered 
to be made of plastic.  
3. By … [3 months after the entry into force of this Directive] the Commission shall request 
the European standardisation organisations to develop harmonised stand ards relating to the 
requirement referred to in paragraph 1.  Those standards shall in particular address the 
need to ensure the necessary strength, reliability and safety of beverage container 
closures, including those for carbonated drinks.  
4. From the date of publication of the  references to  harmonised standards referred to in 
paragraph 3 in the Official Journal of the European Union , beverage containers referred to 
in paragraph 1 which are in conformity with those standards or parts thereof shall be 
presumed to be in conformity with the requirement covered by those standards or parts 
thereof laid down in paragraph 1.   
 
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5. With regard to beverage bottles as referred to  in Part C of the Annex, Member States 
shall ensure that  
(a) from 2025, beverage bott les which are manufactured from Polyethylene 
Terephthalate as the major component ("PET bottles") contain at least 25% 
recycled plastic, calculated as an average for all PET bottles placed on the market 
on the territory of that Member State;  
(b) from 2030,  beverage bottles contain at least 30% recycled plastic, calculated as an 
average for all beverage bottles placed on the market on the territory of that 
Member State.  
By 1 January 2022, the Commission shall adopt implementing acts laying down the rules 
for the calculation and verification of the target established in the first sub -paragraph. 
Those implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 16(2).   
 
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Article 7  
Marking requirements  
1. Member States shall ensure that each single -use plastic product listed in Part D of the 
Annex placed on the market bears 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 o r other inappropriate waste disposal of the products . 
▌ 
The harmonised marking specifications shall be established by the Commission  in 
accordance with paragraph 2.   
 
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2. The Commission shall, by …  [12 months before the end -date for transposition of this 
Directive] adopt an implementing act  establishing harmonised specifications for the 
marking referred to in paragraph 1 that:   
(a) provide that the marking of single -use plastic product listed in indents 1, 2 and 3 of 
part D of the Annex shall be placed on the sales and grouped packaging of those 
products. Where multiple sales units are grouped at the point of purchase, each 
sales unit shall bear a marking on its packaging. The marking is not required for 
packaging with a surface area of less than 10 cm2; 
(b) provide that the marking of single -use plastic products listed in indent 4 of part D 
of the Annex shall be placed on the product itself;  
(c) consider existing sectorial voluntary approaches and shall pay particular attention 
to the need to avoid informat ion that misleads consumers.  
That implementing act shall be adopted in accordance with the examination procedure 
referred to in Article 16(2).  
3. The provisions of this Article concerning tobacco products are in addition to those laid 
down in Directive 20 14/40/EU.   
 
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Article 8  
Extended producer responsibility  
1. Member States shall ensure that extended producer responsibility schemes are established 
for all single -use plastic products listed in Part E of the Annex placed on the market  of the 
Member State , in accordance with Articles 8 and 8a of  Directive 2008/98/EC.  
2. ▌ Member States shall ensure that the producers of the single -use plastic products listed in 
point 1 of Part E of the Annex shall cover the costs  pursuant to extended producer 
responsibilit y provisions in Directive 2008/98/EC and Directive 94/62/EC and, insofar as not 
already included, cover the following costs:  
▌ 
(a) the costs of the awareness raising measures referred to in Article 10 regarding those 
products ; 
(b) the costs for the collection of waste of those products discarded in public collection 
systems, including infastructure and its operation, and its subsequent transport and 
treatment;  
(c) the costs to clean up litter of those products and its subsequent tr ansport and 
treatment.   
 
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3. Member States shall ensure that the producers of the single -use plastic products listed in 
point 2 and 3 of Part E of the Annex shall cover at least the following costs:  
(a) the costs of the awareness raising measures referred to in Article 10 regarding 
those products ; 
(b) the costs to clean up litter of those products and its subsequent transport and 
treatment.  
(c) the costs of data gathering and reporting in accordance with Article 8a(1)(c) of 
Directive 2008/98/EC.  
With regard to the single -use plastic products listed in point 3 of part E of the Annex, the 
producers shall, in addition, cover the costs of collection of waste of those products 
discarded in public collection sys tems,  including infrastructure and its operation, and its 
subsequent transport and treatment. This may include the setting up of specific 
infrastructure for the collection of waste of those products, such as appropriate waste 
receptacles in common litter h otspots.    
 
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4. The costs to be covered, referred to in paragraph 2 and 3, shall not exceed the costs that 
are necessary to provide those services in a cost -efficient way and shall be established in 
a transparent way between the actors concerned. The costs to clean up litter shall be 
limited to activities undertaken by public authorities or on their behalf. The calculation 
methodology shall be developed in a way that allows for the costs to clean up litter to be 
established in a proportionate way. To minimiz e administrative costs Member States may 
determine financial contributions to clean up litter by setting appropriate multiannual 
fixed amounts.  
The Commission shall publish guidelines for criteria, in consultation with Member 
States, on the cost to clean u p litter referred to in paragraphs 2 and 3.  
5. Member States shall define in a clear way the roles and responsibilities of all relevant 
actors involved.  
With regard to packaging the roles and responsibilities shall be defined in line with the 
Directive 94 /62/EC.  
6. Each Member State shall allow the producers of products established in another 
Member State and placing products on its territory to appoint a legal or natural person 
established on its territory as an authorised representative for the purposes of fulfilling 
the obligations of a producer related to extended producer responsibility schemes on its 
territory.   
 
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7. Each Member State shall ensure that a producer as defined in Article 3(11) and 
established on its territory, which sells products listed in Part E of the Annex and fishing 
gear in another Member State in which it is not established, appoints an authorised 
representative in that Member State. The authorised representative is the person 
responsible for fulfilling the obligations of that produ cer, pursuant to this Directive, on 
the territory of that Member State.  
8. Member States shall ensure that extended producer responsibility schemes are established 
for fishing gear containing plastic placed on the  ▌ market  of the Member State , in 
accordanc e with Articles 8 and 8a of  Directive 2008/98/EC.  
Member States, other than landlocked Member States, shall set up a national minimum 
annual collection rate of waste fishing gear containing plastic for recycling.  
Member States shall monitor fishing gear containing plastic placed on the market of the 
Member State as well as waste fishing gear containing plastic collected and report to the 
Commission in accordance with Article 13(1) with a view to the establishment o f binding 
quantitative Union targets for collection.   
 
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9. With regard to the schemes established pursuant to paragraph 8, Member States shall 
ensure that the producers of fishing gear containing plastic shall cover the costs of the  
separate  collection of waste fishing gear containing plastic that has been delivered to 
adequate port reception facilities in accordance with Union law on port reception facilities 
or to other equivalent collection systems that fall outside the scope of Union law on port 
recepti on facilities and its subsequent transport and treatment. The producers shall also 
cover the costs of the awareness -raising measures referred to in Article 10 regarding 
fishing gear containing plastic.  
The requirements laid down in this paragraph supplement the requirements applicable to 
waste from fishing vessels in Union law on port reception facilities.  
Without prejudice to technical measures laid down in Council Regulation (EC) No 850/981, 
the Commission shall request the European standardisati on organisations to develop 
harmonised standards relating to the circular design of fishing gear to encourage 
preparation for re -use and facilitate recyclability at end of life.  
                                                 
1 Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery 
resources thr ough technical measures for the protection of juveniles of marine organisms 
(OJ L 125, 27.4.1998, p. 1).   
 
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Article 9  
Separate collection  
1. Member States shall take the necessary mea sures to collect separately  for recycling , 
(a) no later than  by 2025, an amount of waste single -use plastic products listed in Part 
F of the Annex equal to 77% of such single -use plastic products placed on the 
market in a given year by weight;  
(b) no late r than by 2029, an amount of waste single -use plastic products listed in Part 
F of the Annex equal to 90% of such single -use plastic products placed on the 
market in a given year by weight.  
Single -use plastic products listed in Part F of the Annex placed o n the market within a 
Member State may be deemed to be equal to the amount of waste generated of such 
products, including waste littered, in the same year in that Member State.  
In order to achieve that objective Member States may inter alia:  
(a) establish deposit -refund schemes, or   
 
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(b) establish separate collection targets for relevant extended producer responsibility 
schemes.  
The first subparagraph shall apply without prejudice to Article 10(3)(a) of Directive 
2008/98/EC.  
2. The Commission shall facilitate the exchange of information and sharing of best 
practices among Member States on the appropriate measures to meet these targets, inter 
alia on deposit refund schemes. The Commission shall make the results of the exchange 
of information and shari ng of best practices publicly available.  
3. The Commission shall, by … [12 months before the end -date for transposition of this 
Directive] adopt an implementing act laying down the methodology for the calculation 
and verification of the separate collection  target referred to in paragraph 1 of this 
Article. That implementing act shall be adopted in accordance with the examination 
procedure referred to in Article 16(2).   
 
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Article 10  
Awareness raising measures  
Member States  shall take measures to inform consumers and to incentivise responsible consumer 
behaviour, in order to achieve  a reduction in the littering of products covered by this Directive,  
and shall take measures to inform consumers of the single -use plastic prod ucts listed in Part G of 
the Annex and fishing gear containing plastic about the following:  
(a) the availability of reusable alternatives,  re-use systems and waste management options for 
those products and fishing gear containing plastic as well as best pr actices in sound waste 
management carried out in accordance with Article 13 of Directive 2008/98/EC;  
(b) the impact of littering and other inappropriate waste disposal of those products and fishing 
gear containing plastic on the environment, and in partic ular on the marine environment ; 
(c) the impact on the sewer network of inappropriate waste disposal of those products .   
 
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Article 11  
Coordination of measures  
Without prejudice to the first sub -paragraph of paragraph 1 of Article 4, each Member State shall 
ensure that the measures taken to transpose and implement this Directive form an integral part of 
and are consistent with its programmes of measures established in accordance with Article 13 of 
Directive 2008/56/EC for those Member States that have marine waters, the programmes of 
measures established in accordance with Article 11 of Directive 2000/60/EC, waste management 
and waste prevention programmes established in accordance with Articles 28 and 29 of Directive 
2008/98/EC and the waste reception and han dling plans established under Union law for the 
management of waste from ships.  
The measures that Member States take to transpose and implement Articles 4 to 9 shall comply with 
Union food law to ensure that food hygiene and food safety are not compromised . Member States 
shall encourage the use of sustainable alternatives to single -use plastic where possible for 
materials in contact with food.  
▌  
 
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Article  12 
Specifications and guidelines on single -use plastic products  
In order to determine whether a food co ntainer is to be considered as a single -use plastic product 
for the purposes of this Directive, in addition to the criteria listed in the Annex as regards food 
containers, its tendency to be littered, due to its volume or size, in particular single -serve p ortions, 
plays a decisive role.  
The Commission shall by … [one year after entry into force of this Directive] publish guidelines, 
in consultation with Member States, including examples of what is to be considered a single -use 
plastic product, as appropriate.  
Article 13  
Information syste ms and reporting  
1. Member States shall , for each calendar year, report to the Commission the following:  
(a) the data on single -use plastic products listed in Part A of the Annex that have been 
placed on the ▌ market  of the Member State  each year, to demonstrate the 
consumption reduction in accordance with Article 4(1);  
(b) information on the measures taken by Member States for the purposes of Article 
4(1); 
▌  
 
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(c) the data on single -use plastic products listed in Part F of the Annex th at have been 
separately collected in a Member State each year, to demonstrate the attainment of 
the separate collection targets in accordance with Article 9(1) ; 
(d)  data on fishing gear containing plastic placed on the market and on waste fishing gear 
collected;  
(e) information on recycled content in beverage bottles listed in Part C of the Annex to 
demonstrate the attainment of the targets in accordance with Article 6(5);  
(f) data on the post -consumption waste of single -use plastic products listed in point 3 of 
part E of the Annex that has been collected in accordance with Article 8(3)  
Member States shall report the data electronically within 18 months from the end of the 
reporting  year for which it is collected. The data shall be reported in the forma t 
established by the Commission in accordance with paragraph 4 of this Article.  
The first reporting period shall be the calendar year 2022, with the exception of point (e) 
and point (f) of the first sub -paragraph for which the first reporting year shall b e 2023.  
2.  The data reported by Member States  in accordance with this Article shall be 
accompanied by a quality check report. The data shall be reported in the format  
established  by the Commission in accordance with paragraph  4.  
 
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3. The Commission shall review the data reported in accordance with this Article and 
publish a report on the results of its review. The report shall assess the organisation of 
the data collection, the sources of data and the methodology used in Member States as 
well as the comple teness, reliability, timeliness and consistency of that data. The 
assessment may include specific recommendations for improvement. The report shall be 
drawn up after the first reporting of the data by the Member States and thereafter at 
intervals envisaged  in Article 12(3c) of Directive 94/62/EC.  
4. The Commission shall, by … [18 months after the date of entry into force of this 
Directive ] adopt implementing acts laying down the format for reporting data in 
accordance with paragraph 1 points (a) and (b) and  paragraph 2 of this Article. The 
Commission  shall, by … [12 months before the transposition date of this Directive]  adopt  
implementing acts laying down the format for  reporting data in accordance with 
paragraph 1 points (c) and (d) and paragraph 2 of this  Article. The Commission shall 
adopt implementing acts laying down the format for reporting in accordance with 
paragraph 1 points (e) and (f) and paragraph 2 of this Article by 1 January 2022. Those 
implementing acts shall be adopted in accordance with the  examination procedure 
referred to in Article 16(2). The format developed according to Article 12 of Directive 
94/62/EC on packaging and packaging waste shall be taken into consideration.   
 
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Article 14  
Penalties  
Member States shall lay down the rules on pen alties applicable to infringements of national 
provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that 
they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 
Member Stat es shall, by … [ 2 years after entry into force of this Directive ], notify the Commission 
of those rules and those measures and shall notify it of any subsequent amendment affecting them.  
Article 15  
Evaluation and review  
1. The Commission shall carry out an evaluation of this Directive by … [ six years after the 
end-date for transposition of this Directive]. The evaluation shall be based on the 
information available in accordance with Article 13. Member States shall provide the 
Commission with any additiona l information necessary for the purposes of the evaluation 
and the preparation of the report referred to in paragraph 2.  
2. ▌Commission shall submit a report on the main findings of the evaluation carried out in 
accordance with paragraph 1 to the European Parliament, the Council and the European 
Economic and Social Committee. The report shall be accompanied by a legislative 
proposal, if appropriate. That proposal shall, if appropriate, set binding quantitative 
consumption reduction targets and set binding c ollection rates for fishing gear.   
 
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ANNEX  TREE.1   EN  
  
3. The report shall include : 
(a) an assessment of the need to review the Annex listing single -use plastic products , 
including regarding caps and lids made of plastics used for glass and metal 
beverage containers;  
(b) a study of the feasibility of establishing binding collection rates for fishing gear 
and binding quantitative Union targets for the consumption reduction of, in 
particular, single -use plastic products listed in Part A of the Annex , taking into 
account consum ption levels and already achieved reductions in Member States ; 
(c) an assessment of the change in materials used in the single -use plastic products 
covered by this Directive as well as of new consumption patterns and business 
models based on reusable alter natives; this shall wherever possible include an 
overall life -cycle analysis to assess the environmental impact of such products and 
their alternatives;   
 
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(d) an assessment of the  scientific and technical progress concerning  criteria or a 
standard for bio degradability in the marine environment applicable to single -use 
plastic products within the scope of this directive and their single -use substitutes  
which ensure full decomposition into carbon dioxide (CO 2), biomass and water 
within a timescale short enou gh for the plastics not to be harmful for marine life 
and not lead to an accumulation of plastics in the environment.  
4. As part of the evaluation pursuant to paragraph 1 , the Commission shall review the 
measures taken under this Directive on single -use pl astic products listed in the Annex 
part E point 3 and shall submit a report on the main findings. The report shall also 
consider the options for binding measures for the reduction of the post -consumption 
waste of single -use plastic products listed in the A nnex part E point 3, including the 
possibility for setting binding collection rates for the post -consumption waste of single -
use plastic products  listed in the Annex part E point 3. The report shall, if appropriate, 
be accompanied by a legislative proposal.   
 
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Article 16  
Committee procedure  
1. The Commission shall be assisted by the Committee established by Article 39 of Directive 
2008/98/EC. That committee shall be a committee within the meaning of Regulation (EU) 
No 182/2011.  
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall 
apply.  
Where the committee delivers no opinion, the Commission shall not adopt the draft 
implementing  act and the third subparagraph of Article 5(4) of Regulation (EU) No 
182/2011 shal l apply.  
Article 17  
Transposition  
1. Member States shall bring into force the laws, regulations and administrative provisions 
necessary to comply with this Directive by … [ 2 years after entry into force of this 
Directive ]. They shall immediately communicat e the text of those measures to the 
Commission.   
 
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However , the Member States shall apply the measures necessary to comply with  ▌ 
– Article 5 from … [2 years after entry into force of this Directive],  
– Article 6(1) from … [5 years after entry into force of  this Directive],  
– Article  7(1) from … [2 years after entry into force of this Directive] ,  
– Article 8 by 31 December 2024, but in relation to extended producer responsibility 
schemes established before 4 July 2018  by 5 January 2023:  
– Annex part E poin t 3 by 5 January 2023.  
When Member States adopt the measures referred to in this paragraph, they shall contain a 
reference to this Directive or shall be accompanied by such a reference on the occasion of 
their official publication. Member States shall determine 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.   
 
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3. Provided that the waste management targets and o bjectives set out in Articles 4 and 8 are 
achieved, Member States may transpose the provisions set out in Articles 4(1) and 8(1) 
and (3), with the exception of single -use plastic products listed in Annex Part E point 3, 
by means of agreements between the c ompetent authorities and the economic sectors 
concerned.  
Such agreements  shall meet the following requirements:  
(a) agreements shall be enforceable;  
(b) agreements need to specify objectives with the corresponding deadlines;  
(c) agreements shall be publish ed in the national official journal or an official 
document equally accessible to the public and transmitted to the Commission;  
(d) the results achieved under an agreement shall be monitored regularly, reported to 
the competent authorities and to the Commi ssion and made available to the public 
under the conditions set out in the agreement;   
 
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(e) the competent authorities shall make provisions to examine the progress reached 
under an agreement;  
(f) in case of non -compliance with an agreement Member States mu st implement the 
relevant provisions of this Directive by legislative, regulatory or administrative 
measures.  
Article 18  
Entry into force  
This Directive shall enter into force on the twentieth day following that of its publication in the 
Official Journal of the European Union . 
Article 19  
Addressees  
This Directive is addressed to the Member States.  
Done at Brussels,  
For the European Parliament  For the Council  
The President  The President   
 
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ANNEX  
Part A  
Single -use plastic products covered by Article 4 on consumption reduction  
– Cups for beverages, including their covers and lids  
– Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain 
food that  
- is intended for immediate consumption  ▌ either on -the-spot or take -away , 
- is typically consumed from the receptacle and  
- 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  
▌  
 
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Part B  
Single -use plastic products covered by Article 5 on the restriction on placing on the market  
– Cotton bud sticks, except if they fall within the scope of Council Dire ctive 90/385/EEC1 
or Council Directive 93/42/EEC2 
– Cutlery (forks, knives, spoons, chopsticks)   
– Plates  
– Straws, except  if they fall within the scope of Council Directive 90/385/EEC or Council 
Directive 93/42/EEC  
– Beverage stirrers  
– 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  
– Food containers made of expanded polystyrene , i.e. receptacles such as boxes, with or 
without a cover, used to contain food that  
- is intended for immediate consumption either on -the-spot or take -away,  
- is typically consumed from the receptacle and  
- is ready to be consumed without any further preparation, such as c ooking, boiling 
or heating,  
                                                 
1  Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the 
Member States relating to active implantable medical devices (OJ L 189, 20.7.1990, p.17).  
2  Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ L 169, 
12.7.1993, p.1).   
 
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including food containers used for fast food or other meal ready for immediate 
consumption, except beverage containers, plates and packets and wrappers containing 
food  
– Beverage containers made of expanded polystyrene  
– Cups  for beverages made of expanded polystyrene  
Part C  
Single use plastic products covered by Article 6 on product requirements   
– Beverage containers  with a capacity of up to three litres , i.e. receptacles used to contain 
liquid such as beverage bottles including their caps and lids  and composite beverage 
packaging including their caps and lids, but not glass and metal beverage containers 
that have caps and lids made from plastic; beverage containers intended and used for 
food for special medical purposes  in liquid form as defined in point (g) of Article 2 of 
Regulation (EU) No 609/2013 of the European Parliament and of the Council1 shall be 
exempted  
                                                 
1  Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 
2013 on food intended for infants and  young children, food for special medical purposes, 
and total diet replacement for weight control and repealing Council Directive 92/52/EEC, 
Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 
2009/39/EC of the European Parlia ment and of the Council and Commission Regulations 
(EC) No 41/2009 and (EC) No 953/2009 (OJ L 181 29.6.2013, p. 35).   
 
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Part D  
Single use plastic products covered by Article 7 on marking requirements  
– Sanitary towels (pads) and tampons and tampon applicators  
– Wet wipes, i.e. pre -wetted personal care  and domestic ▌ wipes  
▌ 
– Tobacco products with filters and filters marketed for use in combination with tobacco 
products  
– Cups for beverages  
Part E  
1. Single  -use plastic products covered by Article 8 paragraph 2 on extended producer 
responsibility  
– Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain 
food that  
- is intended for immediate consumption ▌ either on -the-spot or  take-away , 
- is typically consumed from the receptacle and  
- is ready to be consumed  without any further preparation, such as cooking,  
boiling or heating,   
 
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including  food containers used for fast food  or other meal ready for immediate 
consumption , except  beverage containers, plates and packets and wrappers containing food  
– Packets and wrappers made from flexible material containing food that is intended for 
immediate consumption from the packet or wrapper without any further preparation  
– Beverage containers  with a capacity of up to three litres , i.e. receptacles used to contain 
liquid such as beverage bottles including their caps and lids  and composite beverage 
packaging including their caps and lids, but not glass and metal beverage containers 
that have caps and lids made from plastic  
– Cups for beverages , including their covers and lids  
▌ 
– Lightweight plastic carrier bags as defined in Article 3(1c) of Directive 94/62/EC   
2. Single -use plastic products covered by Article 8 paragraph 3 on extended  producer 
responsibility  
– Wet wipes, i.e. pre -wetted personal care  and domestic ▌ wipes  
– Balloons, except balloons for industrial or other professional uses and applications, that are not 
distributed to consumers  
▌  
 
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3. Single -use plastic products covered by Article 8 paragraph 3 on extended producer 
responsibility  
– Tobacco products with filters and filters marketed for use in combination with tobacco 
products  
Part F  
Single use plastic products covered by Article 9 on separate collection  
– Beverage bottles  with a capacity of up to three litres, including their caps and lids, but 
not glass and metal beverage bottles that have caps and lids made from plastic; beverage 
bottles intended and used for food for special medical  purposes in liquid form as defined 
in point (g) of Article 2 of Regulation (EU) No 609/2013 shall be exempted  
Part G  
Single use plastic products covered by Article 10 on awareness raising  
– Food  containers, i.e. receptacles such as boxes, with or without a cover, used to contain food 
that  
- is intended for immediate consumption ▌ either on -the-spot or take -away , 
- is typically consumed from the receptacle and  
- is ready to be consumed  without an y further preparation, such as cooking, boiling or 
heating,   
 
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including  food containers used for fast food  or other meal ready for immediate consumption , 
except beverage containers, plates and packets and wrappers containing food  
– Packets  and wrappers made from flexible material containing food that is intended for 
immediate consumption from the packet or wrapper without any further preparation  
– Beverage containers  with a capacity of up to three litres , i.e. receptacles  used to contain 
liquid such as beverage bottles including their caps and lids  and composite beverage 
packaging including their caps and lids, but not glass and metal beverage containers 
that have caps and lids made from plastic  
– Cups for beverages  
– Tobacco products with f ilters and filters marketed for use in combination with tobacco 
products  
– Wet wipes, i.e. pre -wetted personal care  and domestic ▌ wipes  
– Balloons, except balloons for industrial or other professional uses and applications, that are 
not distributed to con sumers  
– Lightweight plastic carrier bags as defined in Article 3(1c) of Directive 94/62/EC  
– Sanitary  towels (pads) and tampons and tampon applicators