On 21 November, representatives of the EU 28 member states voted in favour of a bill that aims to reduce the consumption of light-weight plastic carrier bags. The legislation is based on a compromise text reached between the European Parliament and the Council that allows EU member states to choose whether they want to set binding targets for a reduction in bag consumption or impose fees so as to ensure that plastic bags will no longer be made available to consumers free of charge by 31 December 2018. Members can also impose outright bans. The EU’s goals include a reduction of carrier bags ranging between 15-50 µm to 90 per inhabitant by late 2019 and in a second step to lower that figure to 40 bags per inhabitant by late 2025. The latter means today’s consumption levels would be reduced by almost 80%. According to the Commission, per capita plastic bag consumption in the EU currently stands at 198, including 176 one-way bags.

The bill has passed the EU Parliament’s Committee on the Environment, Public Health and Food Safety but still needs to be approved by the Council of Environmental Ministers, due to meet on 17 December, and the European Parliament itself. The authorities in Brussels, however, expect that the amendment to its 94/62 Packaging and Packaging Waste Directive will go into effect in early 2015. The European Parliament’s Environment Committee confirmed the Commission’s draft rules in early March – see Plasteurope.com of 17.04.2014.

According to Green MEP Margrete Auken, “The agreement on new EU rules to reduce plastic bag use is a historic step towards tackling the pervasive problem of plastic waste and one that has strong popular support.” Auken added that, “Thankfully, the Commission has recognised this and decided not to obstruct the European Parliament and Council in finalising this important legislation.” Auken did, however, express her regret that the Commission’s wait-and-see attitude was a leading factor in watering down the compromise agreement. In this respect, the parliament was not able to pass a ban on what she considers to be environmentally harmful oxo-biodegradable plastic bags, which disintegrate into microplastics and present a lot of problems to the recycling stream. Instead of a ban, these bags will now have to be studied by the Commission before further steps can be taken.

While European Plastics Converters (EuPC, Brussels / Belgium; www.eupc.org) welcomed the general aim of the proposal, it said the compromise text “is very problematic from an internal market perspective and will cause serious job losses in many EU member states.” The association warned that the current phrasing allows member states to derogate from Article 18 of the Packaging and Packaging Waste Directive concerning the freedom to place on the market, adding that it will “create a lot of legal uncertainty and possible lawsuits, as for example in Italy where they are still discriminating against PE carrier bags.” The end result could even be disinvestments in the packaging industry of certain member states.

EuPC managing director Alexandre Dangis expressed the industry’s disappointment at the text, saying that if it becomes final legislation, “we will be set back 20 years in regards to EU internal market rules for packaging and policy makers will not have solved problems surrounding over consumption of lightweight plastic carrier bags in certain member states. This is not good for industry and it is not good for the environment.” He added that, “The EU institutions should work with industry and not against us.” An alternative, EuPC said, would be to put in place mandatory charging practices for carrier bags by all European food retailers, coupled with voluntary industry initiatives such as “V-Bags Europe”.

While welcoming a charge on all bags, PlasticsEurope (Brussels / Belgium; www.plasticseurope.org) also expressed concern about the bill’s negative effects on the internal market. “It opens the door for member states to ban not only plastic bags but other types of packaging as well. Such an inconsistent political framework that would allow member states to introduce different regulations on packaging would hinder investments and innovation and would create barriers to trade in packaged goods in Europe,” said association executive director Karl-H. Foerster.

The umbrella organisation representing European plastics producers expressed its belief that bags should be treated differently from other types of packaging listed under the Packaging and Packaging Waste Directive as a result of their being independent from the packaged good. In addition, PlasticsEurope also expressed its support for regulation of oxo-degradable plastics, adding that, “The review of the Packaging and Packaging Waste Directive will offer the opportunity to regulate such products.”