COMMISSION IMPLEMENTING DECISION (EU) 2021/1384

of 13 August 2021

on the request for registration of the European citizens’ initiative entitled ‘ReturnthePlastics: A Citizen’s Initiative to implement an EU-wide deposit-system to recycle plastic bottles’ pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council

(notified under document C(2021) 5953)

(Only the English text is authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the European citizens’ initiative (1), and in particular Article 6(2) and (3) thereof,

Whereas:

(1) A request for registration of a European citizens’ initiative entitled ‘ReturnthePlastics: A Citizen’s Initiative to implement an EU-wide deposit-system to recycle plastic bottles’ was submitted to the Commission on 2 July 2021.

(2) The objectives of the initiative are expressed as follows: ‘(1) To implement an EU-wide deposit-system to recycle plastic bottles; (2) To incentivize all EU Member states that supermarkets (chains) which are selling plastic bottles to install reverse vending machines for recycling the plastic bottles after being purchased and used by the consumer; (3) To make the plastic bottle producing companies pay plastic taxes for the recycling and deposit-system of the plastic bottles (under the principle that the polluter should pay)’.

(3) An annex provides further details on the subject matter, objectives and background to the initiative. In particular, it explains that the initiative proposes an ‘EU Directive for a deposit system to allow consumers to conveniently return their plastic bottles to the supermarkets where they were purchased’, with a suggested deposit of EUR 0,15 per bottle. It claims that such a system is needed in view of the fact that plastic bottles, which are among the most commonly used plastic products, are not included in the single-use plastics ban. Finally, the annex states that the goal is to have the #ReturnthePlastics recycling system for plastic bottles implemented in five Member States by the time the Climate Conference COP26 is held on 1-12 November 2021, and later in the whole of the Union.

(4) Insofar as the initiative aims at preserving, protecting and improving the quality of the environment, protecting human health and prudent and rational utilisation of natural resources, the Commission has the power to present a proposal for a legal act on the basis of Article 192(1) of the Treaty.

(5) Insofar as there are differences between national rules that can create obstacles to trade and obstruct the fundamental freedoms and thus have a direct effect on the functioning of the internal market or cause significant distortions of competition, the Commission has the power to present a proposal for a legal act approximating the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market on the basis of Article 114 of the Treaty.

(6) For those reasons, none of the parts of the initiative manifestly falls outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties.

(7) This conclusion is without prejudice to the assessment of whether the concrete factual and substantive conditions required for the Commission to act, including compliance with the principle of proportionality, would be met in this case.

(8) The group of organisers has provided appropriate evidence that it fulfils the requirements laid down in Article 5(1) and (2) of Regulation (EU) 2019/788 and has designated the contact persons in accordance with Article 5(3), first subparagraph, of that Regulation.

(9) The initiative is not manifestly abusive, frivolous or vexatious, nor is it manifestly contrary to the values of the Union as set out in Article 2 of the Treaty on European Union and rights enshrined in the Charter of Fundamental Rights of the European Union.

(10) The initiative entitled ‘ReturnthePlastics: A Citizen’s Initiative to implement an EU-wide deposit-system to recycle plastic bottles’ should therefore be registered,

HAS ADOPTED THIS DECISION:

Article 1 The European citizens’ initiative entitled ‘ReturnthePlastics: A Citizen’s Initiative to implement an EU-wide deposit-system to recycle plastic bottles’ shall be registered.

Article 2 This Decision is addressed to the group of organisers of the European citizens’ initiative entitled ‘ReturnthePlastics: A Citizen’s Initiative to implement an EU-wide deposit-system to recycle plastic bottles’, represented by Ms Anouk STALLAERTS and Ms Marina KONSTANTINIDI, acting as contact persons.

Done at Brussels, 13 August 2021. For the Commission Věra JOUROVÁ Vice-President

(1) OJ L 130, 17.5.2019, p. 55.