Guidelines on single-use plastic products in accordance with Directive (EU) 2019/904

ID 13689 | 01.06.2021

31.05.2021 - Commission guidelines on single-use plastic products in accordance with Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment

This document provides guidance on the interpretation and implementation of Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment (hereafter referred to as “the Directive” or “the Single-use plastics Directive”).

The Directive applies to all single-use plastic products listed in its Annex, as well as to all products made from oxo-degradable plastics, and to fishing gear containing plastic. Its Article 12 tasks the Commission to develop guidelines, including examples of what is to be considered a single-use plastic product for the purposes of the Directive. The focus of these guidelines is on the single-use plastic products included in the Annex, listed below.

- Balloons;
- Balloon sticks;
- Beverage containers with a capacity of up to three litres, including their caps and lids;
- Beverage containers made of expanded polystyrene, including their caps and lids;
- Beverage bottles with a capacity of up to three litres, including their caps and lids;
- Beverage stirrers;
- Cotton bud sticks;
- Cups for beverages;
- Cups for beverages made of expanded polystyrene, including their covers and lids;
- Cups for beverages, including their covers and lids;
- Cutlery (forks, knives, spoons, chopsticks);
- Food containers;
- Food containers made of expanded polystyrene;
- Lightweight plastic carrier bags;
- Packets and wrappers;
- Plates;
- Sanitary towels (pads), tampons and tampon applicators;
- Straws;
- Tobacco products with filters and filters marketed for use in combination with tobacco products;
- Wet wipes.

The Guidelines do not cover in detail fishing gear and products made from oxo-degradable plastic. As regards the latter, Article 5 of the Directive bans all oxo-degradable plastic products, single-use or not, and it makes no distinction between oxo-degradable plastic that is biodegradable and oxo-degradable plastic that is not biodegradable.

This document provides guidance on key definitions of the Directive and examples of products to be considered as falling within or outside its scope. These examples are nonexhaustive and serve only to provide illustration on how to interpret certain relevant requirements of the Directive in the context of the specific single-use plastic products. The content, including examples, reflects the views of the European Commission and as such is not legally binding. The binding interpretation of EU legislation is the exclusive competence of the Court of Justice of the European Union.

In particular in view of the coronavirus pandemic, it is noted that Article 11 requires that the measures transposing and implementing Articles 4 to 9 of the Directive comply with Union food law to ensure that food hygiene and food safety are not compromised. Recital 14 further requires that measures also do not compromise good hygiene practices, good manufacturing practices, and consumer information. 

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Table of contents
1. INTRODUCTION
2. GENERAL TERMS AND DEFINITIONS
2.1 Plastic definition (point (1) of Article 3)
2.1.1 Polymer
2.1.2 Can function as a main structural component of final products
2.1.3 Natural polymers that have not been chemically modified
2.2 Single-Use Plastic Product (point (2) of Article 3)
2.2.1 Plastic content: wholly or partly made from plastic
2.2.2 Single-use
2.2.3 Refillable and reusable nature of the product
3. RELATION BETWEEN DIRECTIVE (EU) 2019/904 AND DIRECTIVE 94/62/EC
4. SPECIFIC PRODUCT CRITERIA
4.1 Food containers
4.1.1 Product description and criteria in the Directive
4.1.2 Product overview and list of illustrative examples
4.2 Packets and wrappers
4.2.1 Product description and criteria in the Directive
4.2.2 Product overview and list of illustrative examples
4.3 Cutlery, plates, straws and stirrers
4.3.1 Product descriptions in the Directive
4.3.2 Product overview and list of illustrative examples
4.4 Beverage containers, beverage bottles and cups for beverages (including their caps, covers and lids)
4.4.1 Product descriptions and criteria in the Directive
4.4.2 Caps, lids and covers
4.4.3 Product-specific exemptions
4.4.4 Product overview and list of illustrative examples
4.5 Differentiation between certain (related) product categories
4.5.1 Key elements to distinguish food containers from beverage containers
4.5.2 Key elements to distinguish food containers from cups for beverages
4.5.3 Key elements to distinguish between beverage containers, beverage bottles and cups for beverages
4.5.4 Key elements to distinguish food containers from packets and wrappers
4.5.5 Key elements to distinguish plates from food containers
4.6 Lightweight plastic carrier bags
4.6.1 Product description and criteria in the Directive
4.6.2 Product overview and list of illustrative examples
4.7 Cotton bud sticks
4.7.1 Product description and criteria in the Directive
4.7.2 Product-specific exemptions
4.7.3 Product overview and list of illustrative examples
4.8 Balloons and balloon sticks
4.8.1 Product description and criteria in the Directive
4.8.2 Product-specific exemptions
4.8.3 Product overview and list of illustrative examples
4.9 Sanitary towels (pads), tampons, and tampon applicators
4.9.1 Product description and criteria in the Directive
4.9.2 Product overview and list of illustrative examples
4.10 Wet wipes
4.10.1 Product description, criteria and exemptions in the Directive
4.10.2 Product overview and list of illustrative examples
4.11 Tobacco products with filters, filters marketed for use in combination with tobacco products
4.11.1 Product description and criteria in the Directive
4.11.2 Product overview and list of illustrative examples
ANNEX - Overview of the single-use plastic products, their descriptions and relevant requirements laid out in the Directive

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Fonte: EC

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