Message 002
Communication from the Commission - TRIS/(2021) 00996
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2021/0161/P
No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.
(MSG: 202100996.EN)
1. MSG 002 IND 2021 0161 P EN 16-03-2021 P NOTIF
2. P
3A. Ministério da Economia
Instituto Português da Qualidade
Rua António Gião, 2
2829-513 Caparica
Telefone: + 351 21 294 81 00
Fax: + 351 21 294 82 23
e-mail: not1535@ipq.pt
site: www.ipq.pt
3B. Ministério do Ambiente
Agência Portuguesa do Ambiente, I.P.
Rua da Murgueira, 9/9A- Zambujal Ap 7585
2611-865 Amadora
e-mail: geral@apambiente.pt
site: www.apambiente.pt
4. 2021/0161/P - S00E
5. This draft Decree-Law transposes into national law 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 (SUP Directive).
This draft Decree-Law is also the first amendment to Law No. 77/2019 of September 2, which lays down the obligation to make available to consumers alternatives to the distribution of ultralight plastic bags and plastic cuvettes at the points of sale of bread, fruit and vegetables.
Law No. 76/2019 of September 2 is also repealed, with some of its articles being included in the present draft, so that the wording is consistent with what is recommended in the SUP Directive.
6. The products covered by this notification are:
- Cups for beverage, including their covers and lids;
- Food containers, receptacles such as boxes, with or without a cover, used to contain food which:
• is intended for immediate consumption, either on-the-spot or take-away,
• is typically consumed from the receptacle, and
• is ready to be consumed without any further preparation, such as cooking, boiling or heating,
including food containers used for fast food or other meals ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;
- Cotton bud sticks, unless they fall within the scope of Decree-Law No 145/2009 of 17 June as it stands;
- Cutlery (forks, knives, spoons, chopsticks);
- Plates;
- Straws, unless they fall within the scope of Decree-Law No 145/2009 of 17 June as it stands;
- Beverage stirrers;
- Sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, including the mechanisms of such sticks;
- Food containers made of expanded polystyrene, i.e., receptacles such as boxes, with or without a cover, used to contain food which:
• is intended for immediate consumption, either on-the-spot or take-away,
• is typically consumed from the receptacle, and
• is ready to be consumed without any further preparation, such as cooking, boiling or heating,
including food containers used for fast food or other meals ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;
- Beverage containers made of expanded polystyrene, including their caps and lids;
- Cups for beverages made of expanded polystyrene, including their covers and lids;
- Beverage containers with a capacity of up to three litres, i.e., receptacles used to contain liquid, such as beverage bottles including their caps and lids and composite beverage packaging including their caps and lids, but not:
- glass or metal beverage containers that have caps and lids made from plastic;
- beverage containers intended and used for food for special medical purposes as defined in point (g) of Article 2 of Regulation (EU) No 609/2013 of the European Parliament and of the Council (3) that is in liquid form;
- Sanitary towels (pads), tampons and tampon applicators;
- Wet wipes, i.e., pre-wetted personal care and domestic wipes;
- Tobacco products with filters and filters marketed for use in combination with tobacco products;
- Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation;
- Lightweight plastic carrier bags;
- Balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers;
- Single-use products made of oxo-degradable plastic;
- Fishing gear containing plastic.
The draft also contains some requirements for single-use packaging made of materials of any kind (plastic and non-plastic).
7. - 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.
8. In accordance with Article 4 of Directive (EU) 2019/904, the draft Law lays down measures to reduce the consumption of cups for beverages and food containers for immediate consumption. Reduction targets are set in units placed on the market:
• By 31 December 2026, a 30% reduction in consumption compared to 2022;
• By 31 December 2030, a 50% reduction in consumption compared to 2022 (Article 7 of the draft Decree-Law).
The following measures are established to contribute to the achievement of these targets:
• From 1 January 2023, establishments using single-use packages for food and beverages for the supply of ready-to-eat meals, on a ready-to-eat basis and with home delivery, shall be required to make reusable alternatives available to their customers;
• Establishments with a surface area of less than 150 square metres may choose not to comply with this obligation, but must comply with Article 15b(1) of Decree-Law No 152-D/2017 (customers may bring their own containers);
• In the case of the supply of ready-to-eat meals by vending machines, compliance with the obligation to provide reusable alternatives may be ensured by allowing customers to use their own containers;
• With effect from 1 January 2022, the use of reusable dishes in all restaurants and public houses shall be mandatory in the case of sale for on-the-spot consumption;
• Reference is made to the measures of Article 25b of Decree-Law No. 152-D/2017 (obligation to accept customers’ containers) and Article 320 of Law No. 75-B/2020 of 31 December (creation of a contribution of EUR 0.30 per packaging for packaging made from plastic, aluminium or multi-material plastic or multi-material with plastic or aluminium which is purchased with ready-to-eat meals, ready-to-eat meals for immediate consumption or take-away, and ready-to-eat meals for home delivery).
Pursuant to Article 5 of Directive 2019/904, the placing on the market of certain single-use plastic articles (Article 4 of the draft Decree-Law) is prohibited.
Also in the context of the prohibitions, the draft Law prohibits the making available of certain single-use plastic products to the final consumer in restaurants (seated and non-seated), in food and beverage services offered on public transport, in particular on air, rail, sea and long-distance road transport, and in retail trade (Article 5 of the draft Decree-Law).
Pursuant to Article 6 of Directive 2019/904, the draft Decree-Law provides that:
• From 3 July 2024, single-use plastic beverage containers with a capacity of up to three litres may be placed on the market only if their caps and lids remain attached to the containers (Article 10 of the draft Decree-Law);
• From 1 January 2025, single-use PET bottles for beverages with a capacity of up to three litres must have a minimum content of 25% of recycled plastic. This percentage shall be calculated as an average for all PET bottles placed on the market, and these targets shall be met annually by each packer placing their bottles on the market;
• From 1 January 2030, single-use plastic bottles for beverages with a capacity of up to three litres, including their caps and lids, must have a minimum content of 30% of recycled plastic. This percentage shall be calculated as an average for all such bottles for beverages placed on the market, and these targets must be met annually by each packer placing their bottles on the market (Article 11 of the draft Decree-Law).
Pursuant to Article 7 of Directive 2019/904, the draft Decree-Law provides that from 3 July 2021, certain single-use plastic products may be placed on the market only if they comply with the marking provisions referred to in Commission Implementing Regulation (EU) 2020/2151 of 17 December 2020 (Article 12 of the draft Decree-Law).
In accordance with Article 8 of Directive (EU) 2019/904, the draft Decree-Law provides for:
• The adaptation by 1 January 2023 of the current extended producer responsibility scheme for packaging and packaging waste (Article 13 of the draft Decree-Law);
• By 1 January 2023, the establishment of an extended producer responsibility scheme for tobacco products with filters and filters marketed for use in combination with tobacco products placed on the market;
• By 1 January 2025, the establishment of an extended producer responsibility scheme for wipes, balloons and cups for beverages (non-packaging) (Article 14 of the draft Decree-Law);
• By 1 January 2025, the establishment of an extended producer responsibility scheme for fishing gear containing plastics placed on the market, under which a minimum annual national rate for collecting waste from fishing gear containing plastics for recycling will be defined (Article 14 of the draft Decree-Law);
• The draft Decree-Law provides that these extended producer responsibility schemes cover the costs referred to in the SUP Directive (Article 15 of the draft Decree-Law);
• The draft Decree-Law also provides for the obligations relating to the authorised representative (Article 16 of the draft Decree-Law).
In accordance with Article 9 of Directive (EU) 2019/904, the draft Decree-Law provides that producers of single-use plastic bottles for beverages with a capacity of up to three litres, including their caps and lids, shall ensure that their waste is collected separately for recycling:
• By 31 December 2025, an amount of at least 77% of such products placed on the market in a given year by weight;
• By 31 December 2029, an amount of at least 90% by weight (Article 17 of the draft Decree-Law).
Keywords: Single-use plastic products, single-use packaging, reusable.
9. This draft Decree-Law has been drafted in order to comply with the obligation to transpose into national law 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.
In order to align Laws No 76/2019 of September 2 and 77/2019 of 2 September, the former has been repealed, and some of its articles have been included in the draft law now notified, and the second amendment has been made.
10. Reference(s) to basic text(s): Law No 76/2019 of 2 September.
Law No 77/2019 of 2 September.
Decree-Law No. 152-D/2017, of December 11, as amended and republished by Decree-Law No. 102-D/2020, of December 10.
Law No 75-B/2020 of 31 December.
11. No
12. -
13. No
14. No
15. -
16. TBT aspect
No - the draft has no significant impact on international trade.
MSF aspects
No - the draft has no significant impact on international trade.
**********
European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu
