Explanatory Memorandum to COM(2013)761 - Amendment of Directive 94/62/EC on packaging and packaging waste to reduce the consumption of lightweight plastic carrier bags - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)761 - Amendment of Directive 94/62/EC on packaging and packaging waste to reduce the consumption of lightweight plastic carrier ... |
|---|---|
| source | COM(2013)761  |
| date | 04-11-2013 |
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.
Contents
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.
3.1. 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.
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).