Introduction
The Single-Use Plastics Directive (SUPD) was approved by the EU in May 2019, with the legislative objective of reducing marine plastic pollution. The directive tackles this issue via bans of unnecessary plastic items, employing economic incentives to reduce consumption and increasing collection rates. Northern Ireland have had to adopt some of the measures, under the Northern Irish Protocol.
What materials are in scope?
The scope of items targeted by the SUPD were based on littered items commonly found in marine and coastal environments. It includes mixed-material items, paper-based products with plastic linings and bio-based plastics. The following sections detail specific material objectives:
Products banned in July 2021
Market restriction measures were imposed on these products, as suitable alternatives were deemed to be readily available:
- Cotton bud sticks
- Cutlery (forks, knives, spoons, and chopsticks)
- Beverage stirrers
- Straws
- Plates (including paper plates with plastic lining)
- Sticks for balloons
- Expanded polystyrene food containers, beverage containers and cups
- Oxo-degradable plastics
Products with an obligation for reduction by 2026
Suitable alternatives for these products are not yet available, so member states are obligated to reduce the consumption of them - this can be done through national reduction targets, promotion of reusable alternatives, or market-based mechanisms such as a deposit return scheme:
- Food containers
- Cups for beverages (including their covers and lids)
Rules for the calculation, verification and reporting on the reduction in the consumption of single-use plastic food containers and beverage cups were laid down in 2022 - find out more here.
Products under existing legislation
Many products are also covered by existing EU regulation, so the SUPD imposes additional measures. For instance, in the case of beverage bottles of up to 3L, member states have to:
- Ensure 25% recycled plastic content by 2025 in PET bottles
- Ensure caps and lids are attached by 2024
- Achieve a collection target of 77% by 2025, rising to 90% by 2029
- Implement a system of extended producer responsibility (EPR)
- Inform the public of re-use systems
Products to be subject to new EPR schemes
This includes food containers, cups for beverages, lightweight plastic bags and fishing gear by December 2024, and packets and wrappers by January 2023.
Items such as balloons, tobacco products and sanitary items will be subject to consumer awareness campaigns and labelling requirements, alongside Extended Producer Responsibility between 2023 and 2024.
The UK context
The SUPD will not be implemented in Great Britain but it will be implemented in Northern Ireland. England has already banned plastic straws, cotton-buds and stirrers in October 2020, and has extended the plastic carrier bag charge. England are current consulting on banning further single-use items such as polystyrene single-use plates, and balloon sticks.
Wales and Scotland are at various stages of implementing or consulting on their own bans.
This is alongside other measures such as the plastic packaging tax, modulated fees, a deposit return scheme (DRS) and other Extended Producer Responsibility reforms to the packaging producer responsibility system.
What do I need to do now?
If you are a manufacturer, importer or seller of any of the above items trading in member states, including Northern Ireland, you will need to comply with the SUPD and future changes. It is likely that you will not be able to continue trading in any European state unless banned plastic is removed from manufacture.
Be aware that each country will implement the directive in different ways with varying penalties for non-compliance.
If you think you are affected by the EU single-use plastic directive, we can assist you through data assurance and analysis, including cost forecasting to model how your business will be impacted so that you can be fully prepared. Our international compliance management service can also help to fully scope out your obligations beyond the UK.
Any other questions you may have
If you have a question on the EU single-use plastic directive which is not captured in this document, our team of experts will be happy to help you.
- If you are an Ecosurety member, you can call or email your account manager directly.
- If you are not an Ecosurety member, please call us on 0333 4330 370 or send an email to info@ecosurety.com
