+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 (Text with EEA relevance)
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---+Article 9 Separate collection
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---+Article 10 Awareness raising measures
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---+Article 12 Specifications and guidelines on single-use plastic products
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English - European Union - Environment -

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 (Text with EEA relevance)

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

(Text with EEA relevance)

1. Ħarsa ġenerali

,
Titlu Regolamentazzjoni
Article 1 Objectives

Article 1

Objectives

The objectives of this Directive are to prevent and reduce the impact of certain plastic products on the environment, in particular the aquatic environment, and on human health, as well as to promote the transition to a circular economy with innovative and sustainable business models, products and materials, thus also contributing to the efficient functioning of the internal market.

Article 2 Scope
Article 3 Definitions

Article 3

Definitions

For the purposes of this Directive, the following definitions apply:

(1) 

‘plastic’ means a material consisting of a polymer as defined in point 5 of Article 3 of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified;

(2) 

‘single-use plastic product’ means 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 life span, multiple trips or rotations by being returned to a producer for refill or re-used for the same purpose for which it was conceived;

(3) 

‘oxo-degradable plastic’ means plastic materials that include additives which, through oxidation, lead to the fragmentation of the plastic material into micro-fragments or to chemical decomposition;

(4) 

‘fishing gear’ means any item or piece of equipment that is used in fishing or aquaculture to target, capture or rear marine biological resources or that is floating on the sea surface, and is deployed with the objective of attracting and capturing or of rearing such marine biological resources;

(5) 

‘waste fishing gear’ means any fishing gear covered by the definition of waste in point 1 of Article 3 of Directive 2008/98/EC, including all separate components, substances or materials that were part of or attached to such fishing gear when it was discarded, including when it was abandoned or lost;

(6) 

‘placing on the market’ means the first making available of a product on the market of a Member State;

(7) 

‘making available on the market’ means any supply of a product for distribution, consumption or use on the market of a Member State in the course of a commercial activity, whether in return for payment or free of charge;

(8) 

‘harmonised standard’ means a harmonised standard as defined in point (1)(c) of Article 2 of Regulation (EU) No 1025/2012;

(9) 

‘waste’ means waste as defined in point 1 of Article 3 of Directive 2008/98/EC;

(10) 

‘extended producer responsibility scheme’ means extended producer responsibility scheme as defined in point 21 of Article 3 of Directive 2008/98/EC;

(11) 

‘producer’ means:

(a) 

any natural or legal person established in a Member State that professionally manufactures, fills, sells or imports, irrespective of the selling technique used, including by means of distance contracts as defined in point (7) of Article 2 of Directive 2011/83/EU of the European Parliament and of the Council ( 2 ), and places on the market of that Member State single-use plastic products, filled single-use plastic products or fishing gear containing plastic, other than persons carrying out fishing activities as defined in point (28) of Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ( 3 ); or

(b) 

any natural or legal person established in one Member State or in a third country that professionally sells in another Member State directly to private households or to users other than private households, by means of distance contracts as defined in point (7) of Article 2 of Directive 2011/83/EU, single-use plastic products, filled single-use plastic products or fishing gear containing plastic, other than persons carrying out fishing activities as defined in point (28) of Article 4 of Regulation (EU) No 1380/2013;

(12) 

‘collection’ means collection as defined in point 10 of Article 3 of Directive 2008/98/EC;

(13) 

‘separate collection’ means separate collection as defined in point 11 of Article 3 of Directive 2008/98/EC;

(14) 

‘treatment’ means treatment as defined in point 14 of Article 3 of Directive 2008/98/EC;

(15) 

‘packaging’ means packaging as defined in point 1 of Article 3 of Directive 94/62/EC;

(16) 

‘biodegradable plastic’ means a plastic capable of undergoing physical, biological decomposition, such that it ultimately decomposes into carbon dioxide (CO2), biomass and water, and is, in accordance with European standards for packaging, recoverable through composting and anaerobic digestion;

(17) 

‘port reception facilities’ means port reception facilities as defined in point (e) of Article 2 of Directive 2000/59/EC;

(18) 

‘tobacco products’ means tobacco products as defined in point (4) of Article 2 of Directive 2014/40/EU.

Article 4 Consumption reduction
Article 5 Restrictions on placing on the market

Article 5

Restrictions on placing on the market

Member States shall prohibit the placing on the market of the single-use plastic products listed in Part B of the Annex and of products made from oxo-degradable plastic.

Article 6 Product requirements
Article 7 Marking requirements
Article 8 Extended producer responsibility
Article 9 Separate collection
Article 10 Awareness raising measures

Article 10

Awareness raising measures

Member States shall take measures to inform consumers and to incentivise responsible consumer behaviour, in order to reduce litter from products covered by this Directive, and shall take measures to inform consumers of the single-use plastic products listed in Part G of the Annex and users of fishing gear containing plastic about the following:

(a) 

the availability of re-usable alternatives, re-use systems and waste management options for those single-use plastic products and for fishing gear containing plastic as well as best practices in sound waste management carried out in accordance with Article 13 of Directive 2008/98/EC;

(b) 

the impact of littering and other inappropriate waste disposal of those single-use plastic products and of fishing gear containing plastic on the environment, in particular on the marine environment; and

(c) 

the impact of inappropriate means of waste disposal of those single-use plastic products on the sewer network.

Article 11 Coordination of measures

Article 11

Coordination of measures

Without prejudice to the first subparagraph of Article 4(1) of this Directive, each Member State shall ensure that the measures taken to transpose and implement this Directive form an integral part of and are consistent with its programmes of measures established in accordance with Article 13 of Directive 2008/56/EC for those Member States that have marine waters, the programmes of measures established in accordance with Article 11 of Directive 2000/60/EC, waste management plans and waste prevention programmes established in accordance with Articles 28 and 29 of Directive 2008/98/EC and the waste reception and handling plans established under Directive (EU) 2019/883.

The measures that Member States take to transpose and implement Articles 4 to 9 of this Directive shall comply with Union food law to ensure that food hygiene and food safety are not compromised. Member States shall encourage the use of sustainable alternatives to single-use plastic where possible for materials intended to come into contact with food.

Article 12 Specifications and guidelines on single-use plastic products

Article 12

Specifications and guidelines on single-use plastic products

In order to determine whether a food container is to be considered as a single-use plastic product for the purposes of this Directive, in addition to the criteria listed in the Annex as regards food containers, its tendency to become litter, due to its volume or size, in particular single-serve portions, shall play a decisive role.

By 3 July 2020, the Commission shall publish guidelines, in consultation with Member States, including examples of what is to be considered a single-use plastic product for the purposes of this Directive, as appropriate.

Article 13 Information systems and reporting
Article 14 Penalties

Article 14

Penalties

Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by 3 July 2021, notify the Commission of those rules and those measures and shall notify it of any subsequent amendment affecting them.

Article 15 Evaluation and review
Article 16 Committee procedure
Article 17 Transposition
Article 18 Entry into force

Article 18

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 19 Addressees

Article 19

Addressees

This Directive is addressed to the Member States.

ANNEX




ANNEX

PART A

Single-use plastic products covered by Article 4 on consumption reduction

(1) Cups for beverages, including their covers and lids;

(2) Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food which:

(a) 

is intended for immediate consumption, either on-the-spot or take-away,

(b) 

is typically consumed from the receptacle, and

(c) 

is ready to be consumed without any further preparation, such as cooking, boiling or heating,

including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food.

PART B

Single-use plastic products covered by Article 5 on restrictions on placing on the market

(1) Cotton bud sticks, except if they fall within the scope of Council Directive 90/385/EEC ( 6 ) or Council Directive 93/42/EEC ( 7 );

(2) Cutlery (forks, knives, spoons, chopsticks);

(3) Plates;

(4) Straws, except if they fall within the scope of Directive 90/385/EEC or Directive 93/42/EEC;

(5) Beverage stirrers;

(6) 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;

(7) Food containers made of expanded polystyrene, i.e. receptacles such as boxes, with or without a cover, used to contain food which:

(a) 

is intended for immediate consumption, either on-the-spot or take-away,

(b) 

is typically consumed from the receptacle, and

(c) 

is ready to be consumed without any further preparation, such as cooking, boiling or heating,

including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;

(8) Beverage containers made of expanded polystyrene, including their caps and lids;

(9) Cups for beverages made of expanded polystyrene, including their covers and lids.

PART C

Single-use plastic products covered by Article 6(1) to (4) on product requirements

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:

(a) 

glass or metal beverage containers that have caps and lids made from plastic,

(b) 

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 ( 8 ) that is in liquid form.

PART D

Single-use plastic products covered by Article 7 on marking requirements

(1) Sanitary towels (pads), tampons and tampon applicators;

(2) Wet wipes, i.e. pre-wetted personal care and domestic wipes;

(3) Tobacco products with filters and filters marketed for use in combination with tobacco products;

(4) Cups for beverages.

PART E

I.    Single-use plastic products covered by Article 8(2) on extended producer responsibility

(1) Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food which:

(a) 

is intended for immediate consumption, either on-the-spot or take-away,

(b) 

is typically consumed from the receptacle, and

(c) 

is ready to be consumed without any further preparation, such as cooking, boiling or heating,

including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;

(2) Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation;

(3) 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;

(4) Cups for beverages, including their covers and lids;

(5) Lightweight plastic carrier bags as defined in point 1c of Article 3 of Directive 94/62/EC.

II.    Single-use plastic products covered by Article 8(3) on extended producer responsibility

(1) Wet wipes, i.e. pre-wetted personal care and domestic wipes;

(2) Balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers.

III.    Other single-use plastic products covered by Article 8(3) on extended producer responsibility

Tobacco products with filters and filters marketed for use in combination with tobacco products.

PART F

Single-use plastic products covered by Article 9 on separate collection and by Article 6(5) on product requirements

Beverage bottles with a capacity of up to three litres, including their caps and lids, but not:

(a) 

glass or metal beverage bottles that have caps and lids made from plastic,

(b) 

beverage bottles intended and used for food for special medical purposes as defined in point (g) of Article 2 of Regulation (EU) No 609/2013 that is in liquid form.

PART G

Single-use plastic products covered by Article 10 on awareness raising

(1) Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food which:

(a) 

is intended for immediate consumption, either on-the-spot or take-away,

(b) 

is typically consumed from the receptacle, and

(c) 

is ready to be consumed without any further preparation, such as cooking, boiling or heating,

including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;

(2) Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation;

(3) 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;

(4) Cups for beverages, including their covers and lids;

(5) Tobacco products with filters and filters marketed for use in combination with tobacco products;

(6) Wet wipes, i.e. pre-wetted personal care and domestic wipes;

(7) Balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers;

(8) Lightweight plastic carrier bags as defined in point 1c of Article 3 of Directive 94/62/EC;

(9) Sanitary towels (pads), tampons and tampon applicators.

1.1 Referenzi

1.2 Rekwiżiti identifikati

1.3 Standards relatati

2. Rekwiżiti identifikati

Rekwiżiti
Sors Rekwiżit

3. Standards relatati

Standards
Sors Rekwiżit

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