(EU) Directive 2019/904 Requirements for Disposable Plastic Products and Labels

The European Union has adopted Directive 2019/904, the Single-Use Plastic Products Directive, which is an important step in curbing plastic pollution and promoting the development of a circular economy. This directive poses a considerable challenge to e-commerce. Plastics, especially in the form of single-use packaging, are prevalent in the industry. With plastic production increasing to an impressive 400.3 million metric tons by 2022, e-commerce's contribution to waste production is significant. This article explores the objectives and measures of the SUP Directive and how online retailers can reduce plastic waste through sustainable packaging solutions and appropriate labeling.

The European Commission adopted Directive 2019/904, the EU Directive on Reducing the Use of Single-Use Plastic Products (SUP Directive) in June 2019, aiming to curb the plastic pollution problem in the EU. Global plastics production reaches a staggering 400.3 million metric tons in 2022, an increase of approximately 1.61 TP3T from the previous year, which demonstrates just how fast plastics production has evolved since the 1950s. However, these figures have significant environmental implications. Disposable packaging has an average lifespan of only six months and contributes significantly to waste production. Inevitably, large amounts of packaging waste pose challenges for recycling systems and waste management. Due to improper handling, many disposable packages end up in the oceans instead of being recycled. This leads to increasing marine pollution. In the International Coastal Cleanup 2022, cigarette butts are the most common waste item, followed by plastic bottles and food packaging. More than 15 million pieces of trash were collected from beaches and oceans.

The EU has adopted Directive 2019/904, setting out ambitious plans to significantly reduce the use of single-use plastic products and minimize their environmental impact. The Directive, which aims to reduce the environmental impact of certain plastic products, is an important step towards a plastic-reducing future. It aims to reduce the environmental burden of certain plastic products while facilitating the transition to a circular economy. Specifically, this means banning the use of certain single-use plastic products such as cutlery, plates, straws and stir sticks. In addition, specific labeling measures will be implemented to reduce the use of single-use plastics, increase recycling rates and promote reusable alternatives. The EU aims to take a leading role in the global fight against plastic waste.

EU Directive 2019/904 aims to reduce the negative impact of certain plastic products on the environment, in particular on the marine environment and human health, while facilitating the transition to a circular economy. These measures are essential for the proper functioning of the internal market.

The main objective of the Directive (2019/904/EU) is to reduce the environmental impact of single-use plastic products, oxo-degradable plastics and fishing gear containing plastics. The Directive includes measures to reduce consumption, market restrictions and product requirements to promote the use of sustainable alternatives and reduce waste.

Consumption Reduction: Member states must take measures to significantly reduce consumption of certain single-use plastic products by 2026. This includes setting national consumption reduction targets, promoting reusable alternatives, and economic instruments such as fees on single-use plastic products. Considering the use of reusable packaging in e-commerce could be a smart move.

Market Restrictions: Certain single-use plastic products with suitable and affordable alternatives will no longer be allowed on the market. This includes cutlery, plates, straws and food containers made from expanded polystyrene.

Product Requirement: Disposable beverage containers must be used with their lids and caps intact. In addition, beverage bottles must contain at least 251 TP3T of recycled plastic by 2025, increasing to 301 TP3T by 2030.

Labeling Requirements: Certain single-use plastic products must bear clear, easy-to-read labels that indicate proper disposal methods and the environmental impact of improper disposal. This includes items such as wet wipes, tobacco products with filters, and drinking cups.

Separate collection: Member States must take measures to ensure that single-use plastics are collected separately for recycling purposes. By 2025, 771 TP3T of single-use plastic beverage bottles should be collected separately, and this should increase to 901 TP3T by 2029.

Awareness-raising measures: Member States must take steps to inform consumers about the availability of reusable alternatives, the environmental impact of improper disposal, and appropriate waste management practices.

Monitoring and reporting: Member States should report annually to the Commission on the use and recycling of single-use plastics and on the progress made in implementing the relevant measures. The Commission will examine these data and report regularly on progress and the need for further measures.

Sanctions: Member States must impose and enforce sanctions for infringements of the provisions of this Directive. These sanctions must be effective, appropriate and deterrent.

The Commission will evaluate Directive (EU) 2019/904 in 2027 and, if necessary, propose mandatory quantitative consumption reduction targets and further measures to reduce plastic waste. The Directive is a key step in reducing the environmental impact of single-use plastic products and facilitating the transition to a more sustainable and circular economy.

In addition to EU Directive 2019/904, Germany has another law aimed at reducing single-use plastic consumption: the Single-Use Plastics Fund Act. The Single-Use Plastics Fund Act (EWKFondsG) is another key step towards reducing the use of single-use plastics. Introduced in Germany, the law aims to make manufacturers of single-use plastic products more responsible and contribute to the cost of collecting and disposing of plastic waste. Companies that market single-use plastic products must pay into a fund. The fund will be used to cover the costs of cleaning up and disposing of plastic waste.

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