EUROPEAN UNIONTHE EUROPEAN PARLIAMENT

THE COUNCIL
Brussels, 8 May 2019
(OR. en)

2018/0172 (COD)

PE-CONS 11/19

ENV 44
MI 36
IND 12CONSOM 20
COMPET 38
MARE 2
PECHE 22
RECH 28
SAN 20
ENT 12ECOFIN 29
CODEC 100LEGISLATIVE ACTS AND OTHER INSTRUMENTS
Subject:

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the reduction of the impact of certain plastic products on theenvironment

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ENDIRECTIVE (EU) 2019/…
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof …
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 accordance with the ordinary legislative procedure3,

1
2
3

OJ C 62, 15.2.2019, p. 207.
OJ C 461, 21.12.2018, p. 210.
Position of the European Parliament of 27 March 2019 (not yet published in the Official
Journal) and decision of the Council of … .

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ENWhereas:(1)

The high functionality and relatively low cost of plastic means that this material isincreasingly ubiquitous in everyday life. While plastic plays a useful role in the economy
and provides essential 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 andlinear. Therefore, in the context of the Circular Economy Action Plan laid down in theCommunication of the Commission of 2 December 2015 entitled ‘Closing the loop – An
EU action plan for the Circular Economy’, the Commission concluded in the European
Strategy for Plastics laid down in its Communication of 16 January 2018 entitled‘A European Strategy for Plastics in a Circular Economy’ that the steady increase in plastic
waste generation and the leakage of plastic waste into the environment, in particular into
the marine environment, must be tackled in order to achieve a circular life cycle forplastics. The European Strategy for Plastics is a step towards establishing a circular
economy in which the design and production of plastics and plastic products fully respect
re-use, repair and recycling needs and in which more sustainable materials are developed
and promoted. The significant negative environmental, health and economic impact ofcertain plastic products calls for the setting up of a specific legal framework to effectively
reduce those negative effects.

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EN

(2)

This Directive promotes circular approaches that give priority to sustainable and non-toxic
re-usable products and re-use systems rather than to single-use products, aiming first andforemost to reduce the quantity of waste generated. Such waste prevention is at the
pinnacle of the waste hierarchy enshrined in Directive 2008/98/EC of the European
Parliament and of the Council1. This Directive will contribute to the achievement of United
Nations (UN) Sustainable Development Goal 12 to ensure sustainable consumption andproduction patterns, which is part of the 2030 Agenda for Sustainable Development
adopted by the UN General Assembly on 25 September 2015. 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 pressure on
precious resources and the environment.

(3)

Marine litter is transboundary in nature and is recognised as a growing global problem.
Reducing marine litter is a key action for the achievement of UN Sustainable Development
Goal 14 which calls to conserve and sustainably use the oceans, seas and marine resources
for sustainable development. The Union must play its part in preventing and tackling
marine litter and aim to be a standard setter for the world. In that context, the Union is
working with partners in many international fora such as G20, G7 and the UN to promote
concerted action and this Directive is part of the Union’s efforts in that regard. In order for
those efforts to be effective, it is also important that exports of plastic waste from theUnion do not result in increased marine litter elsewhere.

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).

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(4)

In accordance with the United Nations Convention on the Law of the Sea of
10 December 1982 (UNCLOS)1, the Convention on the Prevention of Marine Pollution by
Dumping of Wastes and Other Matter of 29 December 1972 (‘London Convention’) and its
1996 Protocol (‘London Protocol’), Annex V to the International Convention for thePrevention of Pollution from Ships 1973 (MARPOL), as modified by the Protocol of 1978
relating thereto, and the Basel Convention on the Control of Transboundary Movements ofHazardous Wastes and Their Disposal of 22 March 19892 and with Union waste
legislation, namely Directive 2008/98/EC and Directive 2000/59/EC of the European
Parliament and of the Council3, Member States are required to ensure environmentallysound waste management to prevent and reduce marine litter from both sea and landsources. In accordance with Union water legislation, namely Directives 2000/60/EC4 and2008/56/EC5 of the European Parliament and of the Council, 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 UN Sustainable Development
Goal 14.

1
2
3

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5

OJ L 179, 23.6.1998, p. 3.
OJ L 39, 16.2.1993, p. 3.
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).
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).
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, withsingle-use plastic items representing 50 % and fishing-related items representing 27 % of
the total. Single-use plastic products include a diverse range of commonly usedfast-moving 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 becoming
litter. A significant proportion of the fishing gear placed on the market is not collected fortreatment. Single-use plastic products and fishing gear containing plastic are therefore aparticularly serious problem in the context of marine litter, pose a severe risk to marine
ecosystems, to biodiversity and to human health and damage activities such as tourism,
fisheries and shipping.

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(6)

Proper waste management remains essential for the prevention of all litter, including
marine litter. Existing Union legislation, namely Directives 2008/98/EC, 2000/59/EC,
2000/60/EC and 2008/56/EC and Council Regulation (EC) No 1224/20091, 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 waste laid down in European Parliament andCouncil Directive 94/62/EC2 and the objective in the European Strategy for Plastics toensure that by 2030 all plastic packaging placed on the Union market is re-usable or easily
recycled. However, the impact of those measures on marine litter is not sufficient and there
are differences in the scope and the level of ambition amongst national measures to preventand reduce marine litter. In addition, some of those measures, in particular marketing
restrictions for single-use plastic products, could create barriers to trade and distortcompetition in the Union.

12Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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 andrepealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006(OJ L 343, 22.12.2009, p. 1).
European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging
and packaging waste (OJ L 365, 31.12.1994, p. 10).

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(7)

To focus efforts where they are most needed, this Directive should cover only those singleuse plastic products that are found the most on beaches in the Union as well as fishing gear
containing plastic and products made from oxo-degradable plastic. The single-use plastic
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. Glass and metal
beverage containers should not be covered by this Directive as they are not among thesingle-use plastic products that are found the most on beaches in the Union.

(8)

Microplastics do not fall directly within the scope of this Directive, yet they contribute tomarine litter and the Union should therefore adopt a comprehensive approach to thatproblem. The Union should encourage all producers to strictly limit microplastics in theirformulations.

(9)

Terrestrial pollution and contamination of soil by larger items of plastic and resulting
fragments or microplastics can be significant and such plastic can leak into the marine
environment.

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(10)

This Directive is a lex specialis in relation to Directives 94/62/EC and 2008/98/EC. In theevent of a conflict between those Directives and this Directive, this Directive should
prevail within the scope of its application. That is the case for restrictions on placing on themarket. In particular with regard to consumption reduction measures, productrequirements, marking requirements and extended producer responsibility, this Directive
supplements Directives 94/62/EC and 2008/98/EC and Directive 2014/40/EU of theEuropean Parliament and of the Council1.

1Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on theapproximation of the laws, regulations and administrative provisions of the Member Statesconcerning the manufacture, presentation and sale of tobacco and related products andrepealing 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 areusually defined as polymeric materials to which additives may have been added. However,that definition would cover certain natural polymers. Unmodified natural polymers, within
the meaning of the definition of ‘not chemically modified substances’ in point 40 of
Article 3 of Regulation (EC) No 1907/2006 of the European Parliament and of theCouncil1, should not be covered by this Directive as they occur naturally in theenvironment. Therefore, for the purposes of this Directive, the definition of polymer inpoint 5 of Article 3 of Regulation (EC) No 1907/2006 should be adapted and a separate
definition should be introduced. Plastics manufactured with modified natural polymers, or
plastics manufactured from bio-based, fossil or synthetic starting substances are notnaturally occurring and should therefore be addressed by this Directive. The adapted
definition of plastics should therefore cover polymer-based rubber items and bio-based andbiodegradable plastics regardless of whether they are derived from biomass or are intended
to biodegrade over time. Paints, inks and adhesives should not be addressed by thisDirective and therefore these polymeric materials should not be covered by the definition.

1

Regulation (EC) No 1907/2006 of the European Parliament and of the Council of
18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction ofChemicals (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 life span 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 periodof time before being disposed of. Wet wipes for personal care and domestic use should also
be within the scope of this Directive, whereas industrial wet wipes should be excluded. To
further clarify whether a product is to be considered a single-use plastic product for the
purposes of this Directive, the Commission should develop guidelines on single-use plastic
products. In view of the criteria set out in this Directive, examples of food containers to beconsidered as single-use plastic products for the purposes of this Directive are fast-foodcontainers or meal, sandwich, wrap and salad boxes with cold or hot food, or foodcontainers 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 of 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 morethan one unit.

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10ENExamples of beverage containers to be considered as single-use plastic products arebeverage bottles or composite beverage packaging used for beer, wine, water, liquid
refreshments, juices and nectars, instant beverages or milk, but not cups for beverages asthese are a separate category of single-use plastic products for the purposes of thisDirective. As they are not among the single-use plastic products that are found the most on
beaches in the Union, glass and metal beverage containers should not be covered by thisDirective. However, the Commission should, in the context of the review of this Directive,
evaluate inter alia caps and lids made of plastic used for glass and metal beveragecontainers.
(13)

Single-use plastic products covered by this Directive should be addressed by one or several
measures, depending on various factors, such as the availability of suitable and moresustainable alternatives, the feasibility of changing consumption patterns, and the extent towhich 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 notyet readily available and the consumption of most such single-use plastic products is
expected to increase. To reverse that trend and to 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, foodsafety, good hygiene practices, good manufacturing practices, consumer information, or
traceability requirements set out in Regulations (EC) No 178/20021, (EC) No 852/20042
and (EC) No 1935/20043 of the European Parliament and of the Council and other relevant
legislation related to food safety, hygiene and labelling. Member States should have thehighest possible ambition for those measures, which should induce a substantial reversal ofincreasing consumption trends and lead to a measurable quantitative reduction. Those
measures should take into account the impact of products throughout their life cycle,
including when they are found in the marine environment, and should respect the wastehierarchy.

1

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Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January
2002 laying down the general principles and requirements of food law, establishing theEuropean Food Safety Authority and laying down procedures in matters of food safety (OJ
L 31, 1.2.2002, p. 1).
Regulation (EC) No 852/2004 of the European Parliament and of the Council of
29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).
Regulation (EC) No 1935/2004 of the European Parliament and of the Council of
27 October 2004 on materials and articles intended to come into contact with food andrepealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).

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Where Member States decide to implement that obligation through marketing 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 andthat are, after having become waste, suitable for preparing for re-use and recycling.
(15)

For other single-use plastic products, suitable and more sustainable alternatives that arealso affordable are readily available. In order to limit the adverse impact of such single-use
plastic products on the environment, Member States should be required to prohibit theirplacing on the market. By doing so, the use of those readily available and more sustainable
alternatives as well as of innovative solutions towards more sustainable business models,
re-use alternatives and substitution of materials would be promoted. The restrictions on
placing on the market introduced in this Directive should also cover products made from
oxo-degradable plastic, as that 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. Furthermore, in view of the high prevalence of expanded polystyrene litter in themarine environment and the availability of alternatives, single-use food and beveragecontainers and cups for beverages made of expanded polystyrene should also be restricted.

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(16)

Tobacco product filters containing plastic are the second most found single-use plastic
items on beaches in the Union. The huge environmental impact caused bypost-consumption waste of tobacco products with filters containing plastic, discarded
directly into the environment, needs to be reduced. Innovation and product development
are expected to provide viable alternatives to filters containing plastic and need to beaccelerated. Extended producer responsibility schemes for tobacco products with filters
containing plastic should also encourage innovation leading to the development ofsustainable alternatives to tobacco product filters containing plastic. Member States should
promote a wide range of measures to reduce litter from post-consumption waste of tobacco
products with filters containing plastic.

(17)

Caps and lids made of plastic which are used for beverage containers are among thesingle-use plastic items that are found the most on beaches in the Union. Therefore,
beverage containers that are single-use plastic products should only be allowed to beplaced on the market if they fulfil specific product design requirements that significantly
reduce the dispersal into the environment of beverage container caps and lids made ofplastic. For beverage containers that are both single-use plastic products and packaging,that requirement is in addition to the essential requirements on the composition and there-usable and recoverable, including recyclable, nature of packaging set out in Annex II to
Directive 94/62/EC.

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14EN

In order to facilitate conformity with the product design requirement and to ensure thesmooth functioning of the internal market, it is necessary to develop a harmonised standard
adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliamentand of the Council1, and compliance with that standard should give rise to a presumption ofconformity with those requirements. Therefore, the timely development of a harmonised
standard is of the highest priority in ensuring effective implementation of this Directive.
Sufficient time should be envisaged for the development of a harmonised standard and toallow the producers to adapt their production chains in relation to the implementation of
the product design requirement. In order to ensure the circular use of plastics, the market
uptake of recycled materials needs to be promoted. It is therefore appropriate to introduce
requirements for a mandatory minimum content of recycled plastic 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 Directives 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 manufactured taking into account their entire life span. The
design of plastic products should always take into account the production and use phaseand the reusability and recyclability of the product. In the context of the review to beundertaken pursuant to Article 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 waste prevention
and design for circularity.

(19)

The presence of hazardous chemical substances in sanitary towels, tampons and tampon
applicators should be avoided in the interest of women’s health. In the framework of therestrictions process under Regulation (EC) No 1907/2006, it is appropriate for theCommission to assess further restrictions on such substances.

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(20)

Certain single-use plastic products end up in the environment as a result of inappropriate
disposal through the sewer system or other inappropriate release into the environment.
Disposal through the sewer system can in addition cause substantial economic damage tosewer networks by clogging pumps and blocking pipes. For these products, there isfrequently a significant lack of information about the material characteristics of the productor the appropriate means of waste disposal. Therefore, single-use plastic products that are
frequently disposed of through the sewer system or otherwise inappropriately disposed ofshould be subject to marking requirements. The marking should inform consumers about
appropriate waste management options for the product or which waste disposal means areto be avoided for the product in line with the waste hierarchy, and about the presence ofplastics in the product as well as the resulting negative environmental impact of littering orof other inappropriate means of disposal of the product. The marking should, as
appropriate, be either on the packaging of the product or directly on the product itself. The
Commission should be empowered to establish harmonised specifications for the marking
and when doing so should, where appropriate, test the perception of the proposed marking
with representative groups of consumers to ensure that it is effective and easily
understandable. Marking requirements are already required for fishing gear pursuant toRegulation (EC) No 1224/2009.

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(21)

With regard to single-use plastic products for which no suitable and more sustainable
alternatives are readily available, 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 raisingmeasures to prevent and reduce such litter. Those costs should not exceed the costs that arenecessary to provide those services in a cost-efficient way and should be established in atransparent way between the actors concerned.

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(22)

Directive 2008/98/EC lays down general minimum requirements for extended producer
responsibility schemes. Those requirements should apply to the extended producer
responsibility schemes established by this Directive, irrespective of whether their mode of
implementation is by legislative act or by means of agreements under this Directive. 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 with filters containing plastic, wet wipes and balloons. Therefore setting
up separate collection for those products should not be mandatory. This Directive should
establish extended producer responsibility requirements in addition to those laid down by
Directive 2008/98/EC, for example, the requirement for producers of certain single-use
plastic products to cover the costs of cleaning up litter. It should also be possible to cover
the costs of the setting up of specific infrastructure for collection of post-consumption
waste of tobacco products, such as appropriate waste receptacles in common litter hotspots.
The calculation methodology for the costs of cleaning up litter should take into accountconsiderations of proportionality. To minimise administrative costs Member States shouldbe able to determine financial contributions towards the costs of cleaning up litter by
setting appropriate multiannual fixed amounts.

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(23)

The large percentage of plastic stemming from discarded fishing gear, including
abandoned and lost fishing gear, in marine litter indicates that the existing legal
requirements laid down in Regulation (EC) No 1224/2009, Directive 2000/59/EC and
Directive 2008/98/EC do not provide sufficient incentives to return such fishing gear toshore for collection and treatment. The indirect fee system set up under Directive(EU) 2019/… of the European Parliament and of the Council1+ provides a system forremoving the incentive for ships to discharge their waste at sea, and ensures a right ofdelivery. That system should, however, be supplemented by further financial incentives forfishermen to bring their waste fishing gear on shore to avoid any potential increase in theindirect waste fee to be paid. As plastic components of fishing gear have high recycling
potential, Member States should, in line with the polluter-pays principle, introduce
extended producer responsibility for fishing gear and components of fishing gear
containing plastic to ensure separate collection of waste fishing gear and to financeenvironmentally sound waste management of waste fishing gear, in particular recycling.

1+

Directive (EU) 2019/… of the European Parliament and of the Council of … on port
reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU
and repealing Directive 2000/59/EC (OJ …).
OJ: Please insert in the text the number of the Directive contained in document PE-CONS
85/18 (2018/0012 (COD)) and insert the number, date and OJ reference of that Directive inthe footnote.

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(24)

In the framework of an extended producer responsibility for fishing gear containing plastic,
Member States should monitor and assess, in line with the reporting obligations laid downin this Directive, fishing gear containing plastic.

(25)

While all marine litter containing plastic poses a risk to the environment and to humanhealth and should be tackled, proportionality considerations should also be taken into
account. Therefore, the fishermen themselves and artisanal makers of fishing gear
containing plastic should not be considered as producers and should not be held
responsible for fulfilling the obligations of the producer related to the extended producer
responsibility.

(26)

Economic and other incentives to support sustainable consumer choices and promoteresponsible consumer behaviour can be an effective tool for achieving the objectives ofthis Directive.

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(27)

Beverage bottles that are single-use plastic products are one of the marine litter items thatare found the most on beaches in the Union. This is due to ineffective separate collection
systems and low participation in those systems by consumers. It is necessary to promote
more effective separate collection systems. Therefore, a minimum separate collection
target should be established for beverage bottles that are single-use plastic products. While
the obligation to separately collect waste requires that waste be kept separate by type andnature, it should be possible to collect certain types of waste together provided that thisdoes not impede high-quality recycling in line with the waste hierarchy in accordance with
Article 10(2) and point (a) of Article 10(3) of Directive 2008/98/EC. The setting of theseparate collection target should be based on the amount of single-use plastic beveragebottles placed on the market in a Member State or alternatively on the amount of waste
single-use plastic beverage bottles generated in a Member State. The calculation of theamount of waste generated in a Member State should take due account of all waste
single-use plastic beverage bottles generated, including those which become litter insteadof being disposed of through waste collection systems. Member States should be able toachieve that minimum target by setting separate collection targets for beverage bottles thatare single-use plastic products in the framework of the extended producer responsibility
schemes, by establishing deposit-refund schemes or by any other measure that they findappropriate. That 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 therecycling business and the market for the recyclates. It will support reaching the recycling
targets for packaging waste set in Directive 94/62/EC.

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(28)

In order to prevent littering and other inappropriate means of waste disposal resulting inmarine litter containing plastic, it is necessary for consumers of single-use plastic products
and users of fishing gear containing plastic to be properly informed about the availabilityof re-usable alternatives and re-use systems, the most appropriate waste management
options available and/or which waste disposal options are to be avoided, about bestpractices with regard to sound waste management and the environmental impact of bad
disposal practices, as well as about the plastic content in certain single-use plastic products
and fishing gear and the impact of inappropriate waste disposal on the sewer network.
Member States should therefore be required to take awareness raising measures ensuringthat such information is provided to those consumers and users. The information should
not contain any promotional content encouraging the use of single-use plastic products.
Member States should be able to choose the measures which are the most appropriate
based on the nature of the product or its use. Producers of single-use plastic products andfishing gear containing plastic should cover the costs of the awareness raising measures aspart of their extended producer responsibility obligations.

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(29)

The aim of this Directive is to protect the environment and human health. As the Court ofJustice has held on numerous occasions, it would be incompatible with the binding effectwhich the third paragraph of Article 288 of the Treaty on the Functioning of the European
Union ascribes 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 as its objective to prevent andreduce the impact of certain plastic products on the aquatic environment.

(30)

It is important to monitor the levels of marine litter in the Union in order to assess theimplementation of this Directive. In accordance with Directive 2008/56/EC,
Member States are required to regularly monitor the properties and quantities of marine
litter, including plastic marine litter. That monitoring data is also to be communicated to
the Commission.

(31)

Member States should lay down rules on penalties applicable to infringements of national
provisions adopted pursuant to this Directive and should take all measures necessary toensure that they are implemented. The penalties provided for should be effective,
proportionate and dissuasive.

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(32)

Pursuant to paragraph 22 of the Interinstitutional Agreement of 13 April 2016 on Better
Law-Making1, the Commission should carry out an evaluation of this Directive. That
evaluation should be based on experience gathered and data collected during theimplementation of this Directive and data collected under Directives 2008/56/EC and2008/98/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, andan 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 of thisDirective can be broadened to other single-use products.

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 Commission in respect of themethodology for the calculation and verification of the annual consumption of single-use
plastic products for which consumption reduction objectives have been set, the rules for the
calculation and verification of the attainment of the targets on minimum recycled content
for single-use plastic beverage bottles, the specifications for the marking to be affixed on
certain single-use plastic products, the methodology for the calculation and verification of
the collection targets of single-use plastic products for which separate collection targets
have been set and the format for the reporting of data and information on theimplementation of this Directive. Those powers should be exercised in accordance with
Regulation (EU) No 182/2011 of the European Parliament and of the Council1.

(34)

It is appropriate to allow Member States to choose to implement certain provisions of thisDirective by means of agreements between the competent authorities and the economic
sectors concerned, provided that certain requirements are met.

1

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 forcontrol by Member States of the Commission’s exercise of implementing powers (OJ L 55,
28.2.2011, p. 13).

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(35)

The fight against litter is a shared effort between competent authorities, producers andconsumers. Public authorities, including the Union institutions, should lead by example.

(36)

Since the objectives of this Directive, namely to prevent and to reduce the impact of certain
single-use plastic products, products made from oxo-degradable plastic and fishing gear
containing plastic on the environment and on human health, and to promote the transition
to a circular economy, including the fostering of innovative and sustainable businessmodels, products and materials, thus also contributing to the efficient functioning of theinternal 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 measures, in accordance with the principle of subsidiarity as set out in Article 5of 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,

HAVE ADOPTED THIS DIRECTIVE:

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Article 1
Objectives
The objectives of this Directive are 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 innovative and sustainable business models, products andmaterials, thus also contributing to the efficient functioning of the internal market.

Article 2
Scope
1.

This Directive applies 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 conflicts with Directive 94/62/EC or 2008/98/EC, this Directive shallprevail.

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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 as defined in point (5) of Article 3 ofRegulation (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 andthat 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 include additives which, throughoxidation, lead to the fragmentation of the plastic material into micro-fragments or tochemical decomposition;(4)‘fishing gear’ means any item or piece of equipment that is used in fishing or aquaculture
to target, 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 of rearing such marine
biological resources;

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(5)

‘waste fishing gear’ means any fishing gear covered by the definition of waste in point 1 of
Article 3 of Directive 2008/98/EC, including all separate components, substances ormaterials 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 a
Member State;(7)‘making available on the market’ means any supply of a product for distribution,
consumption or use on the market of a Member State in the course of a commercial
activity, whether in return for payment or free of charge;(8)‘harmonised standard’ means a harmonised standard as defined in point (1)(c) of Article 2
of Regulation (EU) No 1025/2012;(9)‘waste’ means waste as defined in point 1 of Article 3 of Directive 2008/98/EC;(10)‘extended producer responsibility scheme’ means extended producer responsibility schemeas defined in point 21 of Article 3 of Directive 2008/98/EC;

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(11)

‘producer’ means:(a)any natural or legal person established in a Member State that professionally
manufactures, fills, sells or imports, irrespective of the selling technique used,
including by means of distance contracts as defined in point (7) of Article 2 ofDirective 2011/83/EU of the European Parliament and of the Council1, and places on
the market of that Member State single-use plastic products, filled single-use plastic
products or fishing gear containing plastic, other than persons carrying out fishingactivities as defined in point (28) of Article 4 of Regulation (EU) No 1380/2013 of
the European Parliament and of the Council2; or(b)

any natural or legal person established in one Member State or in a third country thatprofessionally sells in another Member State directly to private households or tousers other than private households, by means of distance contracts as defined inpoint (7) of Article 2 of Directive 2011/83/EU, single-use plastic products, filled
single-use plastic products or fishing gear containing plastic, other than persons
carrying out fishing activities as defined in point (28) of Article 4 of Regulation(EU) No 1380/2013;

1

2

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 theEuropean Parliament and of the Council and repealing Council Directive 85/577/EEC and
Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011,
p. 64).
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 point 10 of Article 3 of Directive 2008/98/EC;(13)‘separate collection’ means separate collection as defined in point 11 of Article 3 ofDirective 2008/98/EC;(14)‘treatment’ means treatment as defined in point 14 of Article 3 of Directive 2008/98/EC;(15)‘packaging’ means packaging as defined in point 1 of Article 3 of Directive 94/62/EC;(16)‘biodegradable plastic’ means a plastic capable of undergoing physical, biologicaldecomposition, such that it ultimately decomposes into carbon dioxide (CO2), biomass andwater, and is, in accordance with European standards for packaging, recoverable throughcomposting and anaerobic digestion;(17)‘port reception facilities’ means port reception facilities as defined in point (e) of Article 2
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 sustained
reduction in the consumption of the single-use plastic products listed in Part A of theAnnex, in line with the overall objectives of the Union’s waste policy, in particular waste
prevention, leading to a substantial reversal of increasing consumption trends. Those
measures shall achieve a measurable quantitative reduction in the consumption of thesingle-use plastic products listed in Part A of the Annex on the territory of theMember State by 2026 compared to 2022.
By … [two years after the date of entry into force of this Directive], Member States shallprepare a description of the measures which they have adopted pursuant to the firstsubparagraph, notify the description to the Commission and make it publicly available.
Member States shall integrate the measures set out in the description into the plans orprogrammes referred to in Article 11 upon the first subsequent update of those plans orprogrammes in accordance with the relevant legislative acts of the Union governing thoseplans or programmes, or into any other programmes drawn up specifically for that purpose.

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The measures may include national consumption reduction targets, measures ensuring thatre-usable alternatives to the single-use plastic products listed in Part A of the Annex are
made available at the point of sale to the final consumer, economic instruments such as
instruments ensuring that those single-use plastic products are not provided free of charge
at the point of sale to the final consumer and agreements as referred to in Article 17(3).
Member States may impose marketing restrictions in derogation from Article 18 of
Directive 94/62/EC for the purposes of preventing such products from becoming litter inorder to ensure that they are substituted with alternatives that are re-usable or do notcontain plastic. Those measures may vary depending on the environmental impact of those
single-use plastic products over their life cycle, including when they become litter.
Measures adopted pursuant to this paragraph shall be proportionate andnon-discriminatory. Member States shall notify the Commission of those measures inaccordance 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 oftechnical 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 shallmonitor 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 inaccordance with paragraph 2 of this Article and Article 13(1) with a view to theestablishment of binding quantitative Union targets for consumption reduction.
2.

By … [18 months after the date of entry into force of this Directive], the Commission shalladopt an implementing act laying down the methodology for the calculation andverification of the ambitious and sustained reduction in the consumption of the single-use
plastic products listed in Part A of the Annex. That implementing act shall be adopted inaccordance 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 the market of the single-use plastic products listed inPart B of the Annex and of products made from oxo-degradable plastic.

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Article 6
Product requirements
1.

Member States shall ensure that single-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 andlids remain attached to the containers during the products’ intended use stage.

2.

For the purposes of this Article, metal caps or lids with plastic seals shall not be considered
to be made of plastic.

3.

By … [3 months after the date of entry into force of this Directive], the Commission shallrequest the European standardisation organisations to develop harmonised standards
relating to the requirement referred to in paragraph 1. Those standards shall in particularaddress the need to ensure the necessary strength, reliability and safety of beveragecontainer closures, including those for carbonated drinks.

4.

From the date of publication of the references to harmonised standards referred to inparagraph 3 in the Official Journal of the European Union, single-use plastic products
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 laid down in paragraph 1.

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5.

With regard to beverage bottles listed in Part F of the Annex, each Member State shallensure that:(a)from 2025, beverage bottles listed in Part F of the Annex which are manufactured
from polyethylene terephthalate as the major component (‘PET bottles’) contain atleast 25 % recycled plastic, calculated as an average for all PET bottles placed on themarket on the territory of that Member State; and(b)from 2030, beverage bottles listed in Part F of the Annex contain at least 30 %recycled plastic, calculated as an average for all such beverage bottles placed on themarket 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 targets established in the first subparagraph ofthis paragraph. Those implementing acts shall be adopted in accordance with theexamination 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 theAnnex placed on the market bears a conspicuous, clearly legible and indelible marking on
its 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; and(b)the presence of plastics in the product and the resulting negative impact of littering orother inappropriate means of waste disposal of the product on the environment.

The harmonised marking specifications shall be established by the Commission inaccordance with paragraph 2.

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2.

By … [12 months after the date of entry into force of this Directive], the Commission shalladopt an implementing act establishing harmonised specifications for the marking referred
to in paragraph 1 that:(a)provide that the marking of single-use plastic products listed in points (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 shall not be required for
packaging with a surface area of less than 10 cm2;(b)

provide that the marking of single-use plastic products listed in point (4) of Part D of
the Annex shall be placed on the product itself; and(c)consider existing sectoral voluntary approaches and pay particular attention to theneed to avoid information that misleads consumers.

That implementing act shall be adopted in accordance with the examination procedurereferred to in Article 16(2).
3.

The provisions of this Article concerning tobacco products are in addition to those laid
down in Directive 2014/40/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 which are placed on themarket 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
Section I of Part E of the Annex to this Directive cover the costs pursuant to the extended
producer responsibility provisions in Directives 2008/98/EC and 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 of this Directive
regarding those products;(b)

the costs of waste collection for those products that are discarded in public collection
systems, including the infrastructure and its operation, and the subsequent transport
and treatment of that waste; and(c)the costs of cleaning up litter resulting from those products and the subsequenttransport and treatment of that litter.

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3.

Member States shall ensure that the producers of the single-use plastic products listed in
Sections II and III of Part E of the Annex 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 of cleaning up litter resulting from those products and the subsequenttransport and treatment of that litter; and(c)the costs of data gathering and reporting in accordance with point (c) of Article 8a(1)of Directive 2008/98/EC.

With regard to the single-use plastic products listed in Section III of Part E of the Annex tothis Directive, Member States shall ensure that the producers cover, in addition, the costsof waste collection for those products that are discarded in public collection systems,
including the infrastructure and its operation, and the subsequent transport and treatment ofthat waste. The costs may include the setting up of specific infrastructure for the waste
collection for those products, such as appropriate waste receptacles in common litter
hotspots.

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4.

The costs to be covered referred to in paragraphs 2 and 3 shall not exceed the costs that arenecessary to provide the services referred to therein in a cost-efficient way and shall beestablished in a transparent way between the actors concerned. The costs of cleaning 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 of cleaning
up litter to be established in a proportionate way. To minimise administrative costs,
Member States may determine financial contributions towards the costs of cleaning up
litter by setting appropriate multiannual fixed amounts.
The Commission shall publish guidelines for criteria, in consultation with Member States,on the costs of cleaning up 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, those roles and responsibilities shall be defined in line with
Directive 94/62/EC.

6.

Each Member State shall allow the producers established in another Member State andplacing products on its market 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 established on its territory, which sells
single-use plastic products listed in Part E of the Annex and fishing gear containing plastic
in another Member State in which it is not established, appoints an authorised
representative in that other Member State. The authorised representative shall be theperson responsible for fulfilling the obligations of that producer pursuant to this Directiveon the territory of that other 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 accordancewith Articles 8 and 8a of Directive 2008/98/EC.
Member States that have marine waters as defined in point 1 of Article 3 ofDirective 2008/56/EC shall set a national minimum annual collection rate of waste fishinggear containing plastic for recycling.
Member States shall monitor fishing gear containing plastic placed on the market of theMember State as well as waste fishing gear containing plastic collected and shall report to
the Commission in accordance with Article 13(1) of this Directive with a view to theestablishment of binding quantitative Union collection targets.

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9.

With regard to the extended producer responsibility schemes established pursuant toparagraph 8 of this Article, Member States shall ensure that the producers of fishing gear
containing plastic cover the costs of the separate collection of waste fishing gear
containing plastic that has been delivered to adequate port reception facilities inaccordance with Directive (EU) 2019/…+ or to other equivalent collection systems that falloutside the scope of that Directive and the costs of 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 towaste 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 standardisation organisations
to develop harmonised standards relating to the circular design of fishing gear to encourage
preparing for re-use and facilitate recyclability at end of life.

+
1

OJ: Please insert the number of the Directive contained in document PE-CONS 85/18(2018/0012 (COD)).
Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fisheryresources through 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 measures to ensure the separate collection forrecycling:(a)by 2025, of an amount of waste single-use plastic products listed in Part F of theAnnex equal to 77 % of such single-use plastic products placed on the market in agiven year by weight;(b)

by 2029, of an amount of waste single-use plastic products listed in Part F of theAnnex equal to 90 % of such single-use plastic products placed on the market in agiven year by weight.

Single-use plastic products listed in Part F of the Annex placed on the market in a
Member State may be deemed to be equal to the amount of waste generated from suchproducts, including as litter, in the same year in that Member State.
In order to achieve that objective, Member States may inter alia:(a)establish deposit-refund schemes;

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(b)

establish separate collection targets for relevant extended producer responsibility
schemes.

The first subparagraph shall apply without prejudice to point (a) of Article 10(3) 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 the targets laid down inparagraph 1, inter alia on deposit-refund schemes. The Commission shall make the resultsof such exchange of information and sharing of best practices publicly available.

3.

By … [12 months after the date of entry into force of this Directive], the Commission shalladopt an implementing act laying down the methodology for the calculation andverification of the separate collection targets laid down 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 reduce litter from products covered by this Directive, and shall take measures
to inform consumers of the single-use plastic products listed in Part G of the Annex and users offishing gear containing plastic about the following:(a)the availability of re-usable alternatives, re-use systems and waste management options for
those single-use plastic products and for fishing gear containing plastic as well as bestpractices 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 single-use plastic
products and of fishing gear containing plastic on the environment, in particular on themarine environment; and(c)the impact of inappropriate means of waste disposal of those single-use plastic products on
the sewer network.

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Article 11
Coordination of measures
Without prejudice to the first subparagraph of Article 4(1) of this Directive, each Member State
shall ensure that the measures taken to transpose and implement this Directive form an integral partof 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 ofmeasures established in accordance with Article 11 of Directive 2000/60/EC, waste management
plans and waste prevention programmes established in accordance with Articles 28 and 29 of
Directive 2008/98/EC and the waste reception and handling plans established under Directive(EU) 2019/…+.
The measures that Member States take to transpose and implement Articles 4 to 9 of this Directive
shall comply with Union food law to ensure that food hygiene and food safety are notcompromised. Member States shall encourage the use of sustainable alternatives to single-use
plastic where possible for materials intended to come into contact with food.

+

OJ: Please insert the number of the Directive contained in document PE-CONS 85/18(2018/0012 (COD)).

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Article 12
Specifications and guidelines on single-use plastic products
In order to determine whether a food container is to be considered as a single-use plastic product forthe purposes of this Directive, in addition to the criteria listed in the Annex as regards foodcontainers, its tendency to become litter, due to its volume or size, in particular single-serve
portions, shall play a decisive role.
By … [one year after the date of entry into force of this Directive], the Commission shall publish
guidelines, in consultation with Member States, including examples of what is to be considered asingle-use plastic product for the purposes of this Directive, as appropriate.

Article 13
Information systems 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 beenplaced 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 the Member State for the purposes of
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(c)

the data on single-use plastic products listed in Part F of the Annex that have been
separately collected in the 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 fishinggear collected in the Member State each year;(e)

information on recycled content in beverage bottles listed in Part F of the Annex todemonstrate the attainment of the targets laid down in Article 6(5); and(f)data on the post-consumption waste of single-use plastic products listed in Section III
of Part E of the Annex that has been collected in accordance with Article 8(3).

Member States shall report the data and information electronically within 18 months of theend of the reporting year for which they were collected. The data and information shall bereported in the format established by the Commission in accordance with paragraph 4 ofthis Article.
The first reporting period shall be the calendar year 2022, with the exception of points (e)and (f) of the first subparagraph for which the first reporting period shall be the calendar
year 2023.

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2.

The data and information reported by Member States in accordance with this Article shallbe accompanied by a quality check report. The data and information shall be reported in
the format established by the Commission in accordance with paragraph 4.

3.

The Commission shall review the data and information reported in accordance with this
Article and publish a report on the results of its review. The report shall assess theorganisation of the collection of the data and information, the sources of data andinformation and the methodology used in Member States as well as the completeness,reliability, timeliness and consistency of that data and information. The assessment may
include specific recommendations for improvement. The report shall be drawn up after the
first reporting of the data and information by the Member States and thereafter at theintervals envisaged in Article 12(3c) of Directive 94/62/EC.

4.

By … [18 months after the date of entry into force of this Directive], the Commission shalladopt implementing acts laying down the format for reporting data and information inaccordance with points (a) and (b) of paragraph 1 and with paragraph 2 of this Article.
By … [12 months after the date of entry into force of this Directive], the Commission shalladopt implementing acts laying down the format for reporting data in accordance withpoints (c) and (d) of paragraph 1 and with paragraph 2 of this Article.

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By 1 January 2022, the Commission shall adopt implementing acts laying down the format
for reporting data and information in accordance with points (e) and (f) of paragraph 1 andwith paragraph 2 of this Article.
Those implementing acts shall be adopted in accordance with the examination procedurereferred to in Article 16(2). The format developed according to Article 12 of Directive
94/62/EC shall be taken into consideration.

Article 14
Penalties
Member States shall lay down the rules on penalties applicable to infringements of national
provisions adopted pursuant to this Directive and shall take all measures necessary to ensure thatthey are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
Member States shall, by … [2 years after the date of entry into force of this Directive], notify theCommission of those rules and those measures and shall notify it of any subsequent amendment
affecting them.

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Article 15
Evaluation and review
1.

The Commission shall carry out an evaluation of this Directive by … [eight years after thedate of entry into force of this Directive]. The evaluation shall be based on the information
available in accordance with Article 13. Member States shall provide the Commission withany additional information necessary for the purposes of the evaluation and the preparationof the report referred to in paragraph 2 of this Article.

2.

The Commission shall submit a report on the main findings of the evaluation carried out inaccordance 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 collection rates for waste fishing gear.

3.

The report shall include:(a)an assessment of the need to review the Annex listing single-use plastic products,
including as regards caps and lids made of plastic which are used for glass and metal
beverage containers;

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(b)

a study of the feasibility of establishing binding collection rates for waste fishinggear and binding quantitative Union targets for the consumption reduction of, inparticular, single-use plastic products listed in Part A of the Annex, taking into
account consumption 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 businessmodels based on re-usable alternatives; this shall, wherever possible, include an
overall life cycle analysis to assess the environmental impact of such products andtheir alternatives; and(d)an assessment of the scientific and technical progress concerning criteria or astandard for biodegradability 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 (CO2), biomass and water
within a timescale short enough for the plastics not to be harmful for marine life andnot to lead to an accumulation of plastics in the environment.

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4.

As part of the evaluation carried out pursuant to paragraph 1, the Commission shall review
the measures taken under this Directive as regards single-use plastic products listed in
Section III of Part E of the Annex 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 Section III of Part E of theAnnex, including the possibility of setting binding collection rates for that
post-consumption waste. The report shall, if appropriate, be accompanied by a legislative
proposal.

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 ofRegulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shallapply.
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 shall apply.

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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 the date of entry into force of
this Directive]. They shall immediately inform the Commission thereof.
However, the Member States shall apply the measures necessary to comply with:–

Article 5 from … [2 years after the date of entry into force of this Directive],–

Article 6(1) from … [5 years after the date of entry into force of this Directive],–

Article 7(1) from … [2 years after the date of 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 and in relation to single-use plastic products
listed in Section III of Part E of the Annex, by 5 January 2023.

When Member States adopt the measures referred to in this paragraph, they shall contain areference to this Directive or shall be accompanied by such a reference on the occasion of
their official publication. The methods of making such reference shall be laid down by
Member States.

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2.

Member States shall communicate to the Commission the text of the main measures ofnational law which they adopt in the field covered by this Directive.

3.

Provided that the waste management targets and objectives set out in Articles 4 and 8 areachieved, Member States may transpose the provisions set out in Articles 4(1) and 8(1) and(8), except as regards single-use plastic products listed in Section III of Part E of theAnnex, by means of agreements between the competent 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 published 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 thecompetent authorities and to the Commission 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 reachedunder an agreement; and(f)in case of non-compliance with an agreement Member States shall implement therelevant 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 …,

For the European Parliament

For the Council

The President

The President

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ENANNEXPart A
Single-use plastic products covered by Article 4 on consumption reduction(1)

Cups for beverages, including their covers and lids;(2)

Food containers, i.e. receptacles such as boxes, with or without a cover, used to containfood which:(a)is intended for immediate consumption, either on-the-spot or take-away,(b)

is typically consumed from the receptacle, and(c)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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ENPart B
Single-use plastic products covered by Article 5
on restrictions on placing on the market(1)

Cotton bud sticks, except if they fall within the scope of Council Directive 90/385/EEC1 orCouncil Directive 93/42/EEC2;(2)

Cutlery (forks, knives, spoons, chopsticks);(3)

Plates;(4)

Straws, except if they fall within the scope of Directive 90/385/EEC or
Directive 93/42/EEC;(5)

Beverage stirrers;(6)

Sticks to be attached to and to support balloons, except balloons for industrial or otherprofessional uses and applications that are not distributed to consumers, including themechanisms of such sticks;

1
2

Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of theMember States relating to active implantable medical devices (OJ L 189, 20.7.1990, p. 17).
Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ L 169,
12.7.1993, p. 1).

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(7)

Food containers made of expanded polystyrene, i.e. receptacles such as boxes, with orwithout a cover, used to contain food which:(a)is intended for immediate consumption, either on-the-spot or take-away,(b)

is typically consumed from the receptacle, and(c)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;
(8)

Beverage containers made of expanded polystyrene, including their caps and lids;(9)

Cups for beverages made of expanded polystyrene, including their covers and lids.

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ENPart C
Single-use plastic products covered by Article 6(1) to (4) on product requirements(1)

Beverage containers with a capacity of up to three litres, i.e. receptacles used to containliquid, such as beverage bottles including their caps and lids and composite beverage
packaging including their caps and lids, but not:(a)

glass or metal beverage containers that have caps and lids made from plastic,(b)

beverage containers intended and used for food for special medical purposes as
defined in point (g) of Article 2 of Regulation (EU) No 609/2013 of the European
Parliament and of the Council1 that is in liquid form.

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 Parliament 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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ENPart D
Single-use plastic products covered by Article 7 on marking requirements(1)

Sanitary towels (pads), tampons and tampon applicators;(2)

Wet wipes, i.e. pre-wetted personal care and domestic wipes;(3)

Tobacco products with filters and filters marketed for use in combination with tobacco
products;(4)

Cups for beverages.
Part E
I. Single-use plastic products covered by Article 8(2)on extended producer responsibility(1)

Food containers, i.e. receptacles such as boxes, with or without a cover, used to containfood which:(a)is intended for immediate consumption, either on-the-spot or take-away,(b)

is typically consumed from the receptacle, and

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(c)

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;
(2)

Packets and wrappers made from flexible material containing food that is intended for
immediate consumption from the packet or wrapper without any further preparation;(3)

Beverage containers with a capacity of up to three litres, i.e. receptacles used to containliquid such as beverage bottles including their caps and lids and composite beverage
packaging including their caps and lids, but not glass or metal beverage containers thathave caps and lids made from plastic;(4)

Cups for beverages, including their covers and lids;(5)

Lightweight plastic carrier bags as defined in point 1c of Article 3 of Directive 94/62/EC.

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II. Single-use plastic products covered by Article 8(3)on extended producer responsibility(1)

Wet wipes, i.e. pre-wetted personal care and domestic wipes;(2)

Balloons, except balloons for industrial or other professional uses and applications that are
not distributed to consumers.
III. Other single-use plastic products covered by Article 8(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
and by Article 6(5) on product requirements
Beverage bottles with a capacity of up to three litres, including their caps and lids, but not:(a)

glass or metal beverage bottles that have caps and lids made from plastic,(b)

beverage bottles intended and used for food for special medical purposes as defined inpoint (g) of Article 2 of Regulation (EU) No 609/2013 that is in liquid form.

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ENPart G
Single-use plastic products covered by Article 10 on awareness raising(1)

Food containers, i.e. receptacles such as boxes, with or without a cover, used to containfood which:(a)is intended for immediate consumption, either on-the-spot or take-away,(b)

is typically consumed from the receptacle, and(c)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;
(2)

Packets and wrappers made from flexible material containing food that is intended for
immediate consumption from the packet or wrapper without any further preparation;

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(3)

Beverage containers with a capacity of up to three litres, i.e. receptacles used to containliquid such as beverage bottles including their caps and lids and composite beverage
packaging including their caps and lids, but not glass or metal beverage containers thathave caps and lids made from plastic;(4)

Cups for beverages, including their covers and lids;(5)

Tobacco products with filters and filters marketed for use in combination with tobacco
products;(6)

Wet wipes, i.e. pre-wetted personal care and domestic wipes;(7)

Balloons, except balloons for industrial or other professional uses and applications that are
not distributed to consumers;(8)

Lightweight plastic carrier bags as defined in point 1c of Article 3 of Directive 94/62/EC;(9)

Sanitary towels (pads), tampons and tampon applicators.

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