A change in the definition/scope of lightweight plastic carrier bags to include bags with a plastic laminate or plastic element.
A binding EU level reduction/prevention target, instead of voluntary national reduction targets: Member States shall take measures to achieve a minimum EU wide reduction target to 35 bags per capita per year in the consumption of lightweight plastic carrier bags.
An additional mandate for the European Commission to explore a European ban of free lightweight bags by 2020.
An obligation for Member States to use economic instruments, instead of the proposed voluntary approach, to reduce the consumption of carrier bags.
An obligation to include multi-use carrier bags when applying economic instruments.
The activities of the rapporteur and of the CoR secretariat have contributed to increasing the profile, inter-institutional role and visibility of the CoR in the field of waste management, in particular:
• the participation of the EP rapporteur in the ENVE Commission and the networking activities the CoR rapporteur had with EP members;
• the close cooperation achieved by the CoR press unit with the European Commission on the "Clean Up Europe Day" campaign;
• the participation of Commissioner Potočnik in the ENVE Commission, linked also to this campaign.
The European Parliament first reading position of 16 April 2014:
• is by its overall intention in line with the CoR Opinion: it introduces a binding EU reduction target, and an obligation for Member States to apply economic instruments/charges,
• in line with the CoR Opinion, bans the use of oxo-degradable plastics for packaging;
• in line with the CoR Opinion, obliges Member States to ensure that the reduction of lightweight plastic carrier bags does not lead to an overall increase in the generation of packaging;
• in line with the CoR Opinion, foresees that the European Commission per delegated act defines biodegradable and compostable bags and the related labelling of such bags;
• goes beyond a similar political recommendation of the CoR Opinion by obliging the EU and Member States to have in place public information and awareness-raising within 5 years of entry into force of the Directive;
However, the European Parliament stays less ambitious than the CoR:
• it does not call for exploring a ban of lightweight plastic carrier bags by 2020, as the CoR Opinion however calls for,
• it does not include the CoR proposal to broaden the definition of lightweight plastic carrier bags to include also bags that only partially made of plastic;
• contrary to the CoR Opinion, exempts very lightweight plastic carrier bags from the reduction target, however the EP calls for their full replacement by Member States by recycled paper or biodegradable and compostable bags within 5 years of entry into force of the Directive;
• contrary to the recommendations of the CoR Opinion, offers Member States the possibility to reduce the price for biodegradable and compostable plastic carrier bags by 50% if there is a separate bio-waste collection in place;
• introduces a less ambitious reduction target than the CoR (CoR: reduction to 35 bags per capita per year per Member State (= approx.. 80% reduction compared to 2010) within 2 years of entry into force of the Directive; EP: 80% reduction to 2010 within 5 years of entry into force of the Directive)
• introduces a less ambitious provision on the obligation to use economic instruments/charges than the CoR (CoR: for all carrier bags: EP: only for all plastic carrier bags, by operators that sell food).
The European Parliament and the Council reached an agreement on the final text of the directive in the Trilogue in November 2014. The directive now still needs to be formally adopted by them. The provisional final directive text is by its overall intention in line with the CoR Opinion, however stays much less ambitious:
• it gives the Member States only the choice between introducing binding reduction targets and/or economic instruments, such as pricing, fees and taxes, and also allows Member States transpose these provisions by means of agreements between the competent authorities and the economic sectors concerned - rather than making both options binding as the more ambitious CoR opinion called for (amendment 2);
• its optional reduction target foresees that by end of 2019 no more than 90 plastic bags per capita per year and by end of 2025 mot more than 40 lightweight plastic carrier will be used, whereas the CoR called for a more ambitious reduction to 35 bags per capita per year per Member State within two years after entry into force of the Directive (amendment 2);
• contrary to the CoR opinion, it does not introduce a ban of lightweight plastic carrier bags by 2020;
• contrary to the CoR Opinion, it exempts very lightweight plastic carrier bags from the reduction target;
• it allows for Member States to take measures such as economic instruments and national reduction targets, as regards any kind of plastic carrier bags, regardless of their wall thickness. This reflects only to a very limited extent the more ambitious CoR recommendation that obliged for economic instruments for all carrier bags, regardless of their wall thickness and material (amendment 2);
• it broadens in its recitals the description of problems caused by plastic bags litter to all aquatic ecosystems, as recommended by the CoR Opinion amendment 1;
• in line with the CoR Opinion, it foresees that the European Commission per implementing act defines biodegradable and compostable bags and the related labelling of such bags to provide consumers with the correct information about the composting properties of such bags. Member States shall then ensure that biodegradable and compostable plastic carrier bags are labelled in accordance with the specifications laid down in that implementing act.
• it does not, contrary to the CoR Opinion, introduce a ban of oxo-degradable plastic, however adds a definition of "oxo-degradable plastic bags" to the Directive and foresees, that within 2 years of entry into force of the Directive, “the Commission shall present a report to the European Parliament and Council, examining the impact of the use of oxo-degradable plastic bags on the environment and present a legislative proposal, if appropriate”.
THE COMMITTEE OF THE REGIONS
- believes that the European Commission proposal is not ambitious enough for the prevention of lightweight plastic bags, taking into account both of the major environmental problems they cause, and of lessons to be learnt from successful action taken in a number of Member States;
- calls on the European Parliament and Council to consider a change in the definition/scope to include also lightweight plastic carrier bags made only partly of plastic materials, and single-use bags made of paper or starch; as well as to include multi-use carrier bags when applying economic instruments;
- calls for a binding EU wide minimum reduction target for set for each Member State at a limit of 35 lightweight plastic carrier bags consumed per capita per year to be achieved within two years of entry into force of the Directive, instead of the proposed voluntary national reduction targets;
- welcomes the proposed provision which enables Member States to ban lightweight plastic carrier bags on their territory, in derogation of Article 18 of Directive 94/62/EC, however calls for the additional mandate for the European Commission to explore a European ban of lightweight plastic carrier bags in retail service by 2020;
- calls for an obligation for Member States to use economic instruments for all carrier bags within two years of entry into force of the Directive, instead of the proposed voluntary approach.