Directive (EU) 2019/904 (Single-Use Plastics Directive)

Date

The European Union's Directive (EU) 2019/904, also called the Single-Use Plastics Directive, was created on June 5, 2019. This rule helps reduce the harm caused by certain plastic products to the environment, especially the ocean and people's health. It also encourages moving toward a circular economy, which means using resources wisely and creating new, sustainable ways to make products.

The European Union's Directive (EU) 2019/904, also called the Single-Use Plastics Directive, was created on June 5, 2019. This rule helps reduce the harm caused by certain plastic products to the environment, especially the ocean and people's health. It also encourages moving toward a circular economy, which means using resources wisely and creating new, sustainable ways to make products.

Before this directive, the European Union had a plan in 2015 called the Action Plan for the Circular Economy. In 2018, they also made a strategy named the Strategy for Plastics in the Circular Economy.

Contents

The Directive requires European Union countries to limit the sale of certain products (Article 5), ensure they meet specific quality standards (Article 6), label certain plastic items (Article 7), and expand the responsibility of producers for waste management, as outlined in the Waste Framework Directive (Article 8). National laws must include penalties for not following these rules (Article 14).

Each rule in the Directive becomes effective at different times (Article 17). If there is a conflict between directives, the Single-Use Plastics Directive takes priority over Directive 94/62/EC (Packaging Directive) and Directive 2008/98/EC (Waste Framework Directive).

Starting July 3, 2021, EU countries must stop providing single-use plastic items listed in Part B of the Directive’s Annex, including items like cotton swabs, cutlery, plates, and food packaging made of expanded polystyrene for takeout meals. These rules also apply to items made of oxo-degradable plastic, which are not biodegradable and break into microplastics in the environment.

Items listed in Part C of the Annex, such as beverage containers with plastic caps and lids up to three liters in size, can only be sold after July 3, 2024, if the caps and lids stay attached during use (known as tethered caps). The European Commission has asked the European Committee for Standardisation (CEN) to create a standard for these caps by December 31, 2022, to ensure safety and reliability.

By 2025, PET bottles must be made with at least 25% recycled plastic, and by 2030, they must use at least 30% recycled plastic.

Items listed in Part D of the Annex, such as sanitary pads, wet wipes, tobacco products, and beverage cups, must include labels with instructions on proper disposal and warnings about environmental harm. These labeling rules are set by the European Commission in Implementing Regulation (EU) 2020/2151, which specifies label design, size, and placement.

By December 31, 2024, manufacturers must cover the costs of collecting and disposing of single-use plastic items through public systems. For extended producer responsibility schemes started before July 4, 2018, and items listed in Part E, Section III of the Annex, this deadline is January 5, 2023.

Transposition into national law

In Germany, Article 5 of the Directive was adopted on July 3, 2021, through the Einwegkunststoffverbotsverordnung (Single-Use Plastics Ban Ordinance, EWKVerbotsV). Since that date, single-use plastic products and items made of oxo-degradable plastic listed in Section 3 of the EWKVerbotsV are no longer allowed to be sold. Breaking these rules is considered a legal violation and can result in fines of up to €100,000 (Section 4 of the EWKVerbotsV, Section 69 (1) No. 8, (3) KrWG).

The Einwegkunststoffkennzeichnungsverordnung (Single-Use Plastic Labelling Regulation, EWKKennzV), which also became effective on July 3, 2021, helps enforce Articles 6 and 7 of the Directive. This regulation sets rules for the characteristics of certain single-use plastic beverage containers and requires specific labels on certain single-use plastic products, either on the product itself or on its packaging (Section 1 of the EWKKennzV).

Article 8, which addresses extended producer responsibility, is carried out in Germany through the Single-Use Plastics Fund Act (EWKFondsG). Companies must pay a special fee, called the single-use plastic levy, based on the amount and type of plastic products they produce. This fee is collected into a fund used to help cities and towns cover costs related to waste disposal and cleaning. To apply for funding from this fund, local governments must register with the single-use plastic platform DIVID. Details about the fee amounts and payment rules are outlined in the Single-Use Plastics Fund Ordinance (EWKFondsV).

In Austria, the Directive was implemented by making changes to the Waste Management Act of 2002 and the Packaging Ordinance of 2014.

More
articles