European Union tackles plastics soup: new rules on disposable plastic

The plastics soup, caused by plastic litter, is an internationally recognized environmental problem. 85% of litter on European beaches is plastic, half of which is disposable plastic. For the 10 most commonly found disposable plastic items on European beaches, the European Union has created new rules. This article lists these new rules.

The new rules are contained in the so-called Single-Use Plastics Directive (SUP Directive); Directive (EU) 2019/904. This directive aims to prevent and reduce the harmful effects of certain plastic products. In doing so, the SUP Directive should contribute to the intended transition to a circular economy with innovative and sustainable business models, products and materials. The SUP directive instructs member states to take national measures for the 10 most commonly found single-use plastic items on European beaches:

Drinking bottles and caps (21%)
Cigarette butts (19%)
Cotton swabs (12%)
Chip bags and candy wrappers (9%)
Sanitary wipes, sanitary pads, tampons (8%)
Plastic bags (6%)
Plastic straws, cutlery, plates & stirrers (4%)
Drinking cups and lids (3%)
Balloons and balloon sticks (2%)
Containers and packaging of fast food (2%)

National measures

The Dutch government has adopted the SUP measures in the Single-Use Plastic Products Decree and the 2014 Packaging Management Decree. These measures prohibit trade on certain plastic products. Other products are subject to product requirements, a marking obligation or extended producer responsibility. There are also measures for separate collection and consumption reduction of disposable plastic items. The new measures are further explained below.

Trade prohibition and product requirements

As of July 3, 2021, there is a trading ban on the following items. Existing stocks may still be sold:

Products made of oxo-degradable plastics
Cutlery, plates and stirrers for beverages
Cotton swabs and straws (except medical devices)
Balloon sticks (except industrial and professional applications)
Food packaging, beverage containers and drinking cups made of expanded polystyrene (Styrofoam)

As of July 3, 2024, there will be an additional trade ban on beverage containers of 3 liters or less with loose caps and lids (except for medical use). From then on, caps and lids must be attached to the bottle so that they are automatically returned for recycling and not released into the environment. In addition, starting in 2025, beverage containers must consist of at least 25% recycled plastics. By 2030, that percentage must be increased to 30%.

Marking duty

In doing so, since July 3, 2021, it has been mandatory to mark certain articles. The specifications for this marking are contained in Implementing Regulation (EU) 2020/2151. The marking shows consumers that plastic is present in the product, how the product should not be thrown away and that litter is harmful to the environment. It covers the following items:

Monthly pads, tampons and insertion tubes for tampons
Moist wipes
Tobacco products with filters and filters sold for use with tobacco products
Drinking cups

Extended producer responsibility

The SUP directive also introduces producer responsibility. This responsibility means that producers must help pay for measures to raise awareness among consumers and clean up litter. Producers of plastic-containing fishing gear already bore this responsibility for some time.

As of Jan. 5, 2023, the rule also goes into effect for producers of the items listed below:

Food packaging
Bags and wrappers
Light plastic carrier bags
(Compound) beverage containers of up to 3 liters.
Drinking cups, including caps and lids
Tobacco products with filters, loose filters for use with tobacco products

At a later date to be determined, producers of balloons (excluding industrial and professional applications) and wet wipes will also be subject to such extended producer responsibility.

Separate collection

By 2025, 77% of beverage bottles up to three liters, including caps and lids, must be collected separately in the EU. By 2029, this percentage should be increased to 90%. To achieve this goal, the Netherlands has introduced deposits on beverage containers of 3 liters or less.

Consumption Reduction

For drinking cups and food packaging, including caps and lids, an alternative does not yet always exist. For these products, by 2026, member states must be able to demonstrate a visible reduction in their use compared to 2022. In addition, national governments must take measures to educate consumers and encourage responsible consumer behavior. Governments are also authorized to take other appropriate measures to achieve the goal.