# EUR-Lex - 52013PC0761 - EN

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# 52013PC0761

**Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 94/62/EC on packaging and packaging waste to reduce the consumption of lightweight plastic carrier bags /* COM/2013/0761 final - 2013/0371 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

1.1.        General
Context

The same properties that have made plastic carrier
bags commercially successful – low weight and resistance to degradation – have
also contributed to their proliferation. It is estimated that in 2010 every EU
citizen used 198 plastic carrier bags, some 90% of which were estimated to be lightweight
bags; these are less frequently re-used than thicker bags and more prone to
littering. In a business-as-usual scenario the consumption of plastic bags is
expected to increase further.

Estimates also suggest that in 2010, over 8
billion plastic carrier bags were littered in the EU. They escape waste
management streams and accumulate in our environment, especially in the form of
marine litter, which is increasingly recognized to be a major global challenge.
There also is documented evidence indicating large debris accumulation in
European seas. The problem of plastic bag waste in water ecosystems does not
affect only countries with a marine coastline, as a considerable amount of the
waste from land reaches the sea through rivers. Once discarded, plastic carrier
bags can last for hundreds of years, mostly in fragmented form. The very high
and still increasing consumption of such bags is also sub-optimal from a
resource efficiency perspective.

In the EU, plastic carrier bags are considered
as packaging under the Packaging and Packaging Waste Directive (Directive
94/62/EC). However, there is no EU legislation or policy specifically targeting
plastic carrier bags. Some Member States have already developed policies to
reduce their use, for instance by means of pricing measures, agreements with
the retail sector or awareness campaigns, with variable results. Following
attempts by some Member States to ban plastic carrier bags, the Environment
Council of 14 March 2011 discussed the issue and invited the Commission to
analyse possible EU action against plastic bag consumption.

1.2.        Grounds
for and objectives of the proposal

The general objective of this proposal on
plastic carrier bags is to limit negative impacts on the environment, in
particular in terms of littering, to encourage waste prevention and a more
efficient use of resources, while limiting negative socio-economic impacts.
More specifically, the proposal aims at reducing the consumption of plastic
carrier bags with a thickness of below 50 microns (0.05 milimeters) in the
European Union.

2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS

2.1.        Consultation
and expertise

2.1.1.     Studies

A study on the production and consumption
patterns of plastic carrier bags, their impacts and the impacts of different
policy options to reduce their use was performed in 2011[1]. An additional study to assess
the socio-economic impacts of different policy options in more detail was
carried out in 2012.[2]

2.1.2.     Internal consultation

An Interservice Steering Group (ISG) with
representatives of DGs ENV, ENTR, SG, SJ and SANCO was created in June 2011.
This ISG followed the preparation of the Impact Assessment.

2.1.3.     External consultation

A public consultation took place between 17 May
and 9 August 2011, in line with existing minimum standards for consultation.

15,538 responses were submitted, reflecting high
public concern about the unsustainable consumption of plastic carrier bags and
high expectations for EU action in this area.

2.2.        Impact
assessment

An impact assessment report and an executive summary
are published together with the present proposal. The impact assessment
evaluates the main environmental, social and economic impacts of various policy
options to reduce the consumption of plastic carrier bags. Various levels of
ambition are assessed and compared to a "baseline scenario" in order
to identify the most appropriate instruments minimizing costs while maximizing
benefits.

The Commission’s Impact Assessment Board
delivered a positive opinion on the impact assessment on 15 March 2013, while
making a number of recommendations to fine-tune the report. Commenting on the
option to establish a common, EU-wide target to reduce the consumption of plastic
bags, the Board requested to assess to what extent the plastic bags littering
problem could be addressed by action at Member State level.

Further consideration of the policy options
available has led to the conclusion that it would be difficult to design and
implement an EU-wide reduction target applying to all Member States. Instead of
establishing a common EU target, it is therefore preferable to introduce in
Directive 94/62/EC the obligation for all Member States to reduce the consumption
of lightweight plastic carrier bags, while allowing them to set their own national
reduction targets and to choose the measures to reach those targets. At a later
stage the establishment of an EU-wide reduction target could however be
considered.

3.           LEGAL ELEMENTS OF THE PROPOSAL

3.1.        Summary of the proposed action

The proposal amends article 4 (prevention) of
Directive 94/62/EC by requiring Member States to take measures to reduce the
consumption of lightweight plastic carrier bags. It stipulates that these
measures may include the use of economic instruments as well as marketing
restrictions in derogation of Article 18 of the Directive. The latter provision
thus broadens the range of instruments available to Member States to address
the unsustainable consumption of plastic bags.

For the purpose of this Directive a definition of
"lightweight plastic carrier bags" is introduced in Article 3 (definitions).

3.2.        Legal
basis and right to act

The proposal takes the same legal basis as
Directive 94/62/EC (article 100a, now article 114 TFEU).

The EU's right to act stems from the fact that
the high consumption rates of plastic carrier bags represent both a common and
a trans-boundary challenge, and an EU-wide initiative is necessary to tackle
the problem in a more coherent and effective way. At present, the measures
taken by individual Member States to address the issue lack coherence with
respect to the objectives pursued. Also, unilateral measures entailing marketing
restrictions raise questions in terms of their compatibility with Directive
94/62/EC in its current form. At the same time, the positive experiences made in
a number of Member States demonstrate that it is indeed possible to reduce
plastic bag consumption considerably.

EU action to reduce the use of plastic carrier
bags is fully in line with the objectives of Directive 94/62/EC on Packaging
and Packaging Waste, in particular that of preventing and reducing the
environmental impacts of packaging and packaging waste.

Given its specific nature and background, the
present proposal is submitted as a self-standing initiative, ahead of the more
general review of EU waste policy that the Commission will present in the
spring of 2014.

3.3.        Subsidiarity
and proportionality principle

The proposal is in conformity with the
subsidiarity and proportionality principle set out in Article 5 of the Treaty
on the European Union. It is limited to amending Directive 94/62/EC by
providing a framework establishing shared objectives,
while leaving Member States free to decide about precise implementation methods.

4.           BUDGETARY IMPLICATION

The proposal will not have an impact on the
European Union budget and is therefore not accompanied by the financial
statement provided for under Article 31 of the Financial Regulation (Regulation
(EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25
October 2012 on the financial rules applicable to the general budget of the
Union and repealing Council Regulation (EC, Euratom) No 1605/2002).

2013/0371 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Directive 94/62/EC on packaging
and packaging waste to reduce the consumption of lightweight plastic carrier
bags

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the
European Commission[3],

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[4],

After consulting the Committee of the
Regions[5],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       Directive 94/62/EC of the
European Parliament and of the Council[6]
was adopted in order to prevent or reduce the impact of packaging and packaging
waste on the environment. Although plastic carrier bags constitute packaging
within the meaning of that Directive, its provisions do not contain specific
measures relating to the consumption of such bags.

(2)       Consumption
of plastic carrier bags results in high levels of littering and an inefficient
use of resources and is expected to increase if no
action is taken. Littering of plastic carrier bags
contributes to the problem of marine litter that threatens marine eco-systems worldwide.

(3)       Plastic carrier bags with
a thickness below 50 microns, which represent the vast majority of the total
number of plastic carrier bags consumed in the Union, are less frequently
re-used than thicker plastic carrier bags and more prone to littering.

(4)       Consumption
levels of plastic carrier bags vary considerably across the Union due to
differences in consumption habits, environmental awareness, as well as the effectiveness
of policy measures taken by Member States. Some Member States have managed to
reduce consumption levels of plastic carrier bags significantly, with the
average consumption level in the seven best performing Member States amounting
to only 20% of the EU average consumption.

(5)       To
promote similar reductions of the average consumption level of lightweight
plastic carrier bags, Member States should take measures to reduce the
consumption of plastic carrier bags with a thickness below 50 microns in line with the overall
objectives of the Union’s waste policy and the Union's waste hierarchy as provided for in Directive 2008/98/EC of the European Parliament and
of the Council of 19 November 2008 on waste and repealing certain Directives[7]. Such reduction measures should
take account of current consumption levels of plastic carrier bags in
individual Member States, with higher levels requiring more ambitious efforts. To
monitor progress in reducing the use of lightweight plastic carrier bags national
authorities will provide data on their use under article 17 of Directive 94/62/EC.

(6)       Measures
to be taken by Member States may involve the use of economic instruments such
as taxes and levies, which have proved particularly effective to reduce the use
of plastic carrier bags, as well as marketing restrictions such as bans in
derogation of Article 18 of Directive 94/62/EC, subject to the requirements
laid down in Articles 34 to 36 of the Treaty on the Functioning of the European
Union.

(7)       Measures
to reduce the consumption of plastic carrier bags should not lead to an overall
increase in the generation of packaging.

(8)       The measures provided for
by this Directive are consistent with the Communication from the Commission to
the European Parliament, the Council, the Economic and Social Committee and the
Committee of the Regions on the Roadmap to a Resource Efficient Europe[8] and should contribute to
actions against littering undertaken in accordance with Directive 2008/56/EC of
the European Parliament and of the Council of 17 June 2008 establishing a
framework for community action in the field of marine environmental policy (Marine
Strategy Framework Directive[9]).

(9)       Directive 94/62/EC should
therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 94/62/EC is hereby amended as follows:

(1) 
In Article 3, a new point 2a is inserted:

'2a. "lightweight plastic carrier bags” shall
mean bags made of plastic materials as defined in Article 3(1) of Commission
Regulation (EU) No 10/2011* with a wall thickness below 50 microns and which
are supplied to consumers at the point of sale of goods or products.

_______________________

- OJ L 12, 15.01.2011, p. 1.'

(2) 
In Article 4, the following paragraph 1a is inserted:

'1a Member States shall take
measures to achieve a reduction in the consumption of lightweight plastic carrier
bags on their territory within two years of entry into force of this Directive.

These measures may include the use of national
reduction targets, economic instruments as well as marketing restrictions in
derogation from Article 18 of this Directive.

Member States shall report on the effects of these
measures on the overall formation of packaging waste when reporting to the
Commission in accordance with Article 17 of this Directive.'

Article 2

1.           Member States shall bring
into force the laws, regulations and administrative provisions necessary to
comply with this Directive by twelve months after the entry into force of this
Directive. They shall forthwith communicate to the
Commission the text of those provisions.

When Member States adopt those provisions, they
shall contain a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member States shall
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.

Article 3

This Directive shall enter into
force on the twentieth day following that of its publication in the Official
Journal of the European Union.

Article 4

This Directive is addressed to the
Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

[1]               BioIntelligence
Service, 2011. Assessment of impacts of options to reduce the use of single-use
plastic carrier bags, Final Report.

[2]               Eunomia
2012. Assistance to the Commission to complement an assessment of the
socio-economic costs and benefits of options to reduce use of single-use
plastic carrier bags in the EU, Final Report.

[3]               OJ C , , p. .

[4]               OJ C , , p. .

[5]               OJ C

[6]               OJ L 365, 31.12.1994, p. 10.

[7]               OJ L 312, 22.11.2008, p. 3.

[8]               COM(2011)571 final

[9]               OJ L 164,
25.6.2008, p. 19–40