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Q&A European Bag Legislation


On November 21, 2014 European Institutions reached a deal on plastic bag use that was confirmed by representatives of EU Member States the same day. On November 24, the Environmental Committee of the EU Parliament also formally confirmed the law. This document summarizes questions & answers regarding the legislation. Pages quoted refer to the page numbers of the legislation.


What did the European Institutions agree on regarding use of plastics bags?
The new law obliges EU states to do either or both of the following:
 ensure that lightweight plastic bags are no longer provided free of charge as of end 2018, unless equally effective instruments are implemented
or
 stick to binding targets to reduce the number of lightweight plastic bags used annually per person by roughly 50% by end of 2019 (from 191 bags today to 90) and roughly 80% in 2025 (down to 40 bags), cf. p. 11.

Very lightweight plastic bags that are e.g. used for fruits and vegetables may be exempted from these measures.


When will the legislation become effective?
On November 21st and November 24th 2014 two formal votes have taken place to approve the law. A final formal vote (of the EU Parliament) is scheduled for early 2015, thereafter the law becomes fully effective.
How does the legislation define lightweight and very lightweight plastic bags?

Lightweight plastic bags have less than 50 microns thickness, very lightweight bags have less than 15 micron thickness, cf. p. 10.


Why and how is this legislation important for the market in Italy?
Italy has a national regulation that bans plastic bags with
a) less than 60 microns thickness from food supermarkets.
b) less than 100 micrometer from non-food supermarkets

Compostable bags (EN 13432 certified) are still allowed in Italy, independent of bag thickness.


This Italian legislation had been challenged for not being in line with existing EU legislation. But now the European Bag Legislation states that measures to reduce bag consumption in Europe may include bans or taxes, provided that these “restrictions are proportionate and non-discriminatory” (p. 11). Furthermore, the measures may vary based on the “composting properties” of bags (p.11). This means the European Union formally approves of a law as in Italy that bans PE bags but allows compostable bags. As result, Italy can impose fines for violations of its national law. So far, the lack of fines had hindered full adoption of the Italian law.


But can the Italian legislation still be attacked?
This is getting really difficult, now. Because before, there had still been a point of attack against the Italian law: While Italy states that PE bags below 60 (or 100 microns) are banned, the draft of the new EU legislation only “covered” bans for bags with up to 50 microns (simply because the EU defined lightweight bags as having less than 50 microns thickness).

But now, the final version of the EU legislation features a sentence that member states may also take measures to reduce bag consumption “regardless of the wall thickness” of plastic bags (p.12). As result, it becomes much more difficult for opponents of the Italian law to argue that the Italian law would be illegal and against the - more powerful - EU legislation.


Does the EU legislation cover the French draft legislation?

Yes. The Environmental Committee of the French Parliament and the Full Parliament in France have voted to ban non-home compostable fruit &vegetable bags in France from January 2016 onwards. This is covered by the EU legislation. The French Senate will vote on this French draft legislation in the week of February 9, 2015 before it can become fully established as legislation.


Does the EU Bag Legislation “automatically” promote compostable bags in Europe?
No. The member states of Europe still need to pass national regulations on how they want to reduce plastic bag consumption through measures. As in France, the EU member states can choose to prefer compostable bags.

In the EU legislation, are a number of provisions that target to promote compostable bags, eg. a study on the life cycle of very lightweight bags or a standardized labelling of compostable bags.


Why does the EU commission a study on the life cycle of very lightweight bags?

The EU Parliament had asked that all very lightweight PE bags should be replaced with compostable plastic bags or paper bags. But this was rejected by the second chamber of the EU, the EU Council. However, the parties then agreed to commission an “official” life cycle study on the benefits of different lightweight bags. This should be a very good opportunity to demonstrate the benefits of very thin compostable bags for organic waste diversion. If the “official” study recognizes these benefits it is likely that the EU institutions can agree on a regulation promoting very lightweight compostable bags.


How have oxodegradable bags been regulated in Europe so far?

So far there had not been a legally binding ban of oxodegradable plastic bags across Europe. In December 2013, the EU agreed on a European Strategy on Plastic Waste in the Environment. That strategy set clearly the goal to ban oxodegradable plastic bags by 2020. But it is a “strategy” and therefore not legally binding for EU member states.


How will oxodegrables be regulated, now?
The European Bag Legislation states that a standardized label for biodegradable and compostable bags shall be developed within two years (p.12). This label will ensure that oxodegradable bags can no longer claim being “biodegradable”. If the label is well designed it can also help making sure that Oxos can no longer advertise being “degradable” in Europe. Additionally, an “official” study on the environmental effects of oxodegradables will be conducted. If the study concludes that fragments of oxodegradables remain in the environment, then it is likely that they will get ultimately banned for plastic bags in Europe.