Plastics under fire

44 / EU DIRECTIVE UPDATE/ EU DIRECTIVE UPDATE

Plastics under fi re

This summer, EU rules governing single-use plastics changed dramatically. Our Get Onboard Now! campaign PLANET Action Group asked sustainability expert, Roel Vink, of Now New Next, to explain exactly what it means for global caterers…

On July 3 2021 the European Union Single-Use Plastic (SUP) Directive came into force - a package of measures adopted by the European Commission to reduce the amount of single-use plastic ending up in the environment. It covers the production and sale of plastic products and all packaging designed for single-use and has a large impact foodservice businesses, including onboard catering, within and to EU states.

The motivation

Around half of all litter in the sea and on our beaches comprises SUP products and packaging and without change, this will only increase. Convenience is a major driver in the foodservice and packaging sectors and convenience products tend to use more SUPS and packaging.

The regulations

The SUP directive is specifically aimed at food packaging and disposables that are used outside the home (packaging used at home rarely ends up in the environment). It also covers fishing gear, hygiene products, cigarettes and balloons.

The directive includes multiple regulations, and each regulation has different implications and timings. This means that not all requirements have to be met immediately, giving room to focus on the ones that are effective as of July.

SUP definitions

Before diving into the different regulations, it is good to know the official SUP definition: “A product that is made wholly or partly from plastic and that is not conceived, designed or placed on the market to accomplish, within its lifespan, multiple trips or rotations by being returned to a producer for refill or re-used for the same purpose for which it was conceived.”

That means not only products made from 100% plastic but also products made from biobased and/or biodegradable plastics, for example, products made from PLA and PHA. Only natural polymers, that have not been chemically modified, are out of the directive’s scope, for example, non-modified cellulose-based materials. Products made from other materials that have

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been laminated or coated with plastic are also covered, although this does not include glues or paint. It does include, for example, cardboard with a PE or PLA coating.

Market restrictions

From July 3 these items are not allowed in the EU: Cotton bud sticks, (except medical); cutlery (including chopsticks); plates; straws (except medical use); beverage stirrers; balloon sticks; food containers made of expanded polystyrene, intended for immediate consumption from the container, either on-the-spot or take-away; beverage containers and cups made of expanded polystyrene, including their caps and lids; and all products made from oxo-degradable plastics.

Marking requirements

On July 3 it also became mandatory that all drinking cups contain a clear marker on the presence of plastics and the correct way of processing waste. Besides drinking cups these requirements also apply to sanitary towels, tampons and applicators, wet wipes and cigarette filters. Drinking cups partially made of plastic need the marking shown in image A below, featured in print. All cups placed on the market before the July 4, 2022 can be marked with a sticker instead of a printed mark, so products already produced don’t have to be thrown away. Drinking cups fully made out of plastic need the image B marking, in print or embossed.

Consumption reduction

Under the directive, by 2026 each member state has to have achieved an ambitious and sustained reduction in the consumption of: cups, covers and lids; food containers, with or without a cover, used for food for immediate consumption/ready to be consumed without any further preparation.

Design requirements

For beverage containers up to three litres, design must change. Caps and lids have to be attached to the container (by July 3 2024); PET bottles must be 25% recycled content (by 2025) and all plastic bottles must be made from 30% recycled content (by 2030).

Producer responsibility

Producers of SUP products will have to cover the costs of awareness-raising measures, public waste disposal systems and litter collection, overseen by EU states. This applies to food containers, bags and wrappers for direct consumption, cups, beverage containers and light carrier bags. Consumers need to be made aware of SUPs and good waste management. By 2025, 77% of beverage packaging must be collected separately for recycling, by 2029 it should be 90%.

Implications

Because of the broad scope of the SUP directive and delay in supporting guidelines, there is still a lot of uncertainty especially for onboard catering between EU and non-EU territories. The market restrictions and marking requirements, and the other regulations, apply to companies located within the member states. The Dutch government has said that the directive does not apply to non-EU companies, flying into the EU. However, they have to apply with the rules in their home country, and many countries are working on their own SUP regulation.

Future-scoping

The EU has already said it wants more items to be included under the regulation, and favours a move to more re-use materials so future legislation will probably also focus on other materials. Other countries are also working on their own, even more ambitious SUP legislation. France for example, is banning the entire use of disposables within (fast-food) restaurants . The SUP directive seems to be only the beginning.• For more help & advice: roel@nownewnext.nl

Around half of all litter in the sea and on our beaches comprises SUP products and packaging

Left: These markings for partially made plastic items and fully made plastic items will become mandatory