Questions and answers. Instructions on the application of the provisions of disposable plastic products

01.06.2021

EU news

What is the main objective of the Directive on disposable plastic products (“NRA Directive”) and its implementing directives?

Directive (EU) 2019/904 on disposable plastic products was adopted in June 2019 with the aim of preventing and reducing the environmental impacts of certain plastic products, in particular the aquatic environment, and human health, and encouraging the transition to a circular economy through innovative and sustainable business models, products and materials. It must be transposed into national law by 3 July 2021, when it is to be applied. 31/05/2021

The guidelines adopted today on the application of the rules on disposable plastic products will make it possible to apply the main parts of the Directive more accurately and coherently, in particular as regards the definition of plastics, disposable plastic products wholly or partly made of plastics and the various products covered by this Directive.

With this Directive, THE EU has set itself at the forefront of the global fight against marine litter. This Directive is Plastic strategies adopted by the Commission and an essential element of the circular economy action plan, as it stimulates the production and use of sustainable alternative products that can prevent marine litter. It also contributes to Zero pollution action plana shortening and addressing the problem of greater sustainability for European citizens.

Why IS THE EU struggling against plastic drains?

More than 80 % of the fish found at sea is plastic. It accumulates in seas, oceans and beaches in the European Union and around the world. Plastic residues endanger living marine organisms and biodiversity and are found not only in marine animals such as sea turtles, seals, whales and birds, but also in fish and molluscs, crustaceans and echinoderms and thus human food.

Plastic is a convenient, useful and valuable material, but it should be used otherwise. Plastic drain causes damage to the environment and has a negative impact on the economy as a result of not only loss of material in terms of lost value but also collection costs and losses for tourism, fisheries and shipping. I with European Green Course the aid consists of a circular economy where plastic will be used more sustainably, re-used and recycled without waste or pollution.

How are plastic and disposable plastic products defined IN THE NRA Directive?

Under the Directive, plastic is a material consisting of a polymer which may have added additives or other substances and which may be the main structural component of final products, with the exception of natural polymers not chemically modified. The Directive does not apply to colours, inks and adhesives. The guidelines further specify the terms “natural polymer” and “chemical modification” with a view to ensuring consistent implementation of the Directive throughout THE EU.

Disposable plastic products are articles wholly or partially made of plastics and normally intended for use only once or for a short period of time before they are discarded. The Directive applies to these products to achieve environmental objectives and to facilitate the transition to a circular economy through innovative and sustainable business models, products and materials.

Does the Directive apply to biodegradable plastic?

Biodegradable/biobased plastics WITHIN the meaning of the NPI Directive is considered to be plastic. There are currently no commonly accepted technical standards to certify that a specific plastic product in the marine environment is adequately biodegradable and harmful to the environment within a short period of time.

As this area is rapidly evolving, the Directive will be examined in 2027 to assess whether the latest scientific and technical knowledge is required to establish criteria or standards for the biodegradability of disposable plastic products in the marine environment. In the context of the new circular economy action plan, the Commission intends to draw up a policy framework in 2022 on the use of biodegradable or composting plastic based on the assessment of applications where the use of such plastics can be beneficial to the environment and the criteria applicable to such applications.

Should paper products with plastic lining or coating within the meaning of the Directive be considered as disposable plastic products?

The Directive explicitly states that it applies only to disposable products made wholly or partly from plastics. The inclusion of disposable paper products with plastic lining or coatings within the scope of the Directive is in line with the fundamental objectives of the Directive, reducing the amount of plastic garbage and promoting a more complete circular economy where the prevention of waste is central. In cases where such plastic-coated and lined cups, food Tara or plates become draughts, the paper will dissolve relatively quickly, but the plastic part can remain in the environment for many years and possibly transform into a microplastic mass.

If these products were not covered by the Directive, this would significantly weaken its impact on the reduction of marine litter and the promotion of a more complete circular economy, as it could be a risk that the full-of-plastic cups are replaced by paper-based plastics or coating, but would not change the relevant waste patterns.

Which disposable plastic products are covered by the new rules?

Member States should introduce measures to ensure that certain disposable plastic products are no longer placed on THE EU market by 3 July. These are specific products for which price-equivalent alternative products are available on the market: wool trees, tableware, plates, straw, beverage bags, balloon trees, cups, food and drink Tara made from foam polystyrene, and all Oxonarladies plastic products. In the case of other disposable plastic products such as gear and wet wipes, other measures limiting their use were adopted, reducing consumption and preventing contamination, namely labelling requirements, expanded producer liability schemes (the polluter pays principle), awareness raising campaigns and product development requirements.

Member States shall also be obliged to ensure that disposable plastic products placed on the market are: marķējums on the product or its packaging, in order to inform consumers of the presence of plastic in it and the method of disposal of the waste concerned, including the need to avoid discarding. This requirement applies to hygienic packets, tampons and their applicators, wet napkins (i.e. previously wetted personal hygiene and household napkins), tobacco products with filters and filters sold for use with such products and beverage cups.

In addition, Member States should take measures to prevent contamination caused by food Tara, drink Tara, sachets and packagings, beverage cups, light plastic carrier bags, wet tissue, cylinders, tobacco products with filters and filters sold for use with tobacco products as well as fishing gear and the collection of such drains.

How should such products be labelled?

The labelling of certain disposable plastic products will be subject to the provisions laid down in the Commission Implementing Regulation of 17 December 2020, laying down harmonised labelling specifications for the disposable plastic products listed in Part D of the Annex to Directive (EU) 2019/904 of the European Parliament and of the Council.

Vectorised pictograms in the order in which they are listed in Annexes I to IV to the implementing Regulation are found in all official languages of THE EU Member States and in the Gaelic language Hey!t

Why ARE the VPIs specifically distributed in the Directive?

The fishing objects contribute significantly to the seabed and make up 27 % of all plastic drains found on the beach. Revised Port Waste Reception Equipment Directive discourage the landing of fishing gear at sea due to the abolition of financial penalties for their arrival at the shore. THE NRA Directive ensures that they are properly disposed of after the arrival of such tools.

THE NRA Directive, in accordance with the polluter pays principle, sets out the extended liability of the manufacturer. This means that the gear manufacturers will be responsible for the collection and destruction of such tools, including damaged and end-of-life gear, and the harvesting and destruction of fishing gear lost during fishing activities.

Member States will have to report from 2022 on gears containing plastics placed on the market and on fishing gears collected at sea.

Why should Member States report on-market fishing gears containing plastics and the gears that have been collected at sea?

THE NRA Directive provides for simple, uniform and consistent reporting. It will thus be possible to compare the number of gear placed on the market with the number of gear collected. It will provide the recycling companies with a clear picture of business opportunities, but the Commission should provide the necessary information to establish binding targets for the collection OF EU fishing gear in the future.

How has the use of disposable plastic products affected by the Covid crisis?

Some disposable plastic products have played a crucial role during this pandemic, particularly in the health, food and catering sectors. THE NRA Directive does not apply to personal protective equipment such as disposable facial masks or gloves whose extent of use and environmental damage due to efforts to prevent the Covid pandemic have increased significantly. In spite of this, such waste is subject to more general provisions of EU legislation on waste (Directive 2008/98/EC on waste), which obliges the proper disposal of waste and prohibits discarding.

Member States shall, when adopting measures transposing and implementing the Directive, comply with Union food law to ensure that food hygiene and safety are not endangered and, in the case of disposable plastic materials intended to come into contact with food, the use of sustainable alternatives should be encouraged as far as possible. However, in accordance with THE NRA Directive it is still possible to use alternatives to disposable plastic products as the relevant disposable plastic products (especially food containers) are still allowed to be placed on the market; their total consumption should be reduced. This is particularly relevant when it is not possible to guarantee the safety and hygiene of multi-use plastic products.

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