Address https://gelex.eu/eli/EU/directive/2015/720@2015-04-29/en

Contents

1. Preamble
2. 1. Article 1
3. Article 1
4. (3)
   1. Article 8a Specific measures for biodegradable and compostable plastic carrier bags
5. 1. Article 1
6. (4)
   1. Article 20a Reporting on plastic carrier bags
7. 1. Article 1
   2. Article 2
   3. Article 3
   4. Article 4

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee,

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) European Parliament and Council Directive 94/62/EC was adopted in order to prevent or reduce the impact of packaging and packaging waste on the environment. Although plastic carrier bags constitute packaging within the meaning of that Directive, it does not contain specific measures on the consumption of such bags.

(2) The current consumption levels of plastic carrier bags result in high levels of littering and an inefficient use of resources, and are expected to increase if no action is taken. Littering of plastic carrier bags results in environmental pollution and aggravates the widespread problem of litter in water bodies, threatening aquatic eco-systems worldwide.

(3) Furthermore, the accumulation of plastic carrier bags in the environment has a clearly negative impact on certain economic activities.

(4) Plastic carrier bags with a wall thickness below 50 microns (lightweight plastic carrier bags), which represent the vast majority of the total number of plastic carrier bags consumed in the Union, are less frequently reused than thicker plastic carrier bags. Consequently, lightweight plastic carrier bags become waste more quickly and are more prone to littering due to their light weight.

(5) Current recycling rates of lightweight plastic carrier bags are very low and, due to a number of practical and economic difficulties, are not likely to reach significant levels in the near future.

(6) According to the waste hierarchy, prevention comes first. Plastic carrier bags serve several purposes and their consumption will continue in the future. To ensure that the needed plastic carrier bags will not end up as waste in the environment, adequate measures should be in place and consumers should be informed about proper waste treatment.

(7) Consumption levels of plastic carrier bags vary considerably across the Union due to differences in consumption habits, environmental awareness and effectiveness of policy measures taken by Member States. Some Member States have managed to reduce consumption levels of plastic carrier bags significantly, with the average consumption level in the seven best performing Member States amounting to only 20 % of the Union average consumption.

(8) The availability and accuracy of data on the current consumption levels of lightweight plastic carrier bags vary between Member States. Accurate and comparable data on consumption is key to assess the effectiveness of reduction measures and to ensure uniform conditions for implementation. Therefore, a common methodology for the calculation of annual consumption of lightweight plastic carrier bags per person should be developed with a view to monitoring progress in reducing consumption of such bags.

(9) Furthermore, consumer information has been shown to play a decisive role in achieving any goals regarding a reduction in the consumption of plastic carrier bags. Therefore, efforts at institutional level are necessary to increase awareness of the environmental impact of plastic carrier bags and end the current perception of plastic as a harmless and cheap commodity.

(10) To promote sustained reductions of the average consumption level of lightweight plastic carrier bags, Member States should take measures to significantly reduce the consumption of lightweight plastic carrier bags in line with the overall objectives of the Union's waste policy and the waste hierarchy as provided for in Directive 2008/98/EC of the European Parliament and of the Council. Such reduction measures should take account of current consumption levels of plastic carrier bags in individual Member States, with higher levels requiring more ambitious efforts, and take account of reductions already achieved. To monitor progress in reducing the consumption of lightweight plastic carrier bags, it is necessary that national authorities provide data on their consumption in accordance with Article 12 of Directive 94/62/EC.

(11) Measures to be taken by Member States may involve the use of economic instruments such as pricing, taxes and levies, which have proved particularly effective in reducing the consumption of plastic carrier bags, and marketing restrictions such as bans in derogation of Article 18 of Directive 94/62/EC provided that these restrictions are proportionate and non-discriminatory.

(12) Those measures may vary depending on the environmental impact of lightweight plastic carrier bags when they are recovered or disposed of, their recycling and composting properties, their durability or the specific intended use of those bags, and taking into account any possible adverse substitution effects.

(13) Member States may choose to exempt plastic carrier bags with a wall thickness below 15 microns (very lightweight plastic carrier bags) provided as primary packaging for loose food when required for hygiene purposes or when their use helps prevent food wastage.

(14) Member States may freely use revenues generated by measures that are taken under Directive 94/62/EC to achieve a sustained reduction in the consumption of lightweight plastic carrier bags.

(15) Awareness programmes for consumers in general and educational programmes for children can play an important role in reducing the consumption of plastic carrier bags.

(16) European Standard EN 13432 on Requirements for packaging recoverable through composting and biodegradation — Test scheme and evaluation criteria for the final acceptance of packaging sets out the characteristics that a material must possess to be considered compostable, namely that it can be recycled through a process of organic recovery comprised of composting and anaerobic digestion. The Commission should ask the European Committee for Standardization to develop a separate standard for home-compostable packaging.

(17) It is important to ensure Union-wide recognition of labels or marks for biodegradable and compostable plastic carrier bags.

(18) Some plastic carrier bags are marked as oxo-biodegradable or oxo-degradable by their manufacturers. In such bags, additives are incorporated into conventional plastics. Due to the presence of those additives, the plastic fragments over time into small particles which remain in the environment. It can thus be misleading to refer to such bags as biodegradable as they may not be a solution to littering and may, on the contrary, increase pollution. The Commission should examine the impact of the use of oxo-degradable plastic carrier bags on the environment and present a report to the European Parliament and the Council, including, if appropriate, a set of measures to limit their consumption or to reduce any harmful impacts.

(19) Measures to be taken by Member States to reduce the consumption of plastic carrier bags should lead to a sustained reduction in the consumption of lightweight plastic carrier bags, and should not lead to an overall increase in the generation of packaging.

(20) The measures provided for by this Directive are consistent with the Commission Communication on the Roadmap to a Resource Efficient Europe and they should contribute to actions against marine littering, undertaken in accordance with Directive 2008/56/EC of the European Parliament and of the Council.

(21) Directive 94/62/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 94/62/EC is amended as follows:

(1) In Article 3, the following points are inserted: .

1a. plastic shall mean a polymer within the meaning of Article 3(5) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council, to which additives or other substances may have been added, and which is capable of functioning as a main structural component of carrier bags;

1b. plastic carrier bags shall mean carrier bags, with or without handle, made of plastic, which are supplied to consumers at the point of sale of goods or products;

1c. lightweight plastic carrier bags shall mean plastic carrier bags with a wall thickness below 50 microns;

1d. very lightweight plastic carrier bags shall mean plastic carrier bags with a wall thickness below 15 microns which are required for hygiene purposes or provided as primary packaging for loose food when this helps to prevent food wastage;

1e. oxo-degradable plastic carrier bags shall mean plastic carrier bags made of plastic materials that include additives which catalyse the fragmentation of the plastic material into micro-fragments;

(2) In Article 4, the following paragraphs are inserted: .

1a. Member States shall take measures to achieve a sustained reduction in the consumption of lightweight plastic carrier bags on their territory. Those measures may include the use of national reduction targets, maintaining or introducing economic instruments as well as marketing restrictions in derogation from Article 18, provided that these restrictions are proportionate and non-discriminatory. Such measures may vary depending on the environmental impact of lightweight plastic carrier bags when they are recovered or disposed of, their composting properties, durability or specific intended use. The measures taken by Member States shall include either or both of the following: From 27 May 2018 Member States shall report on the annual consumption of lightweight plastic carrier bags when providing data on packaging and packaging waste to the Commission in accordance with Article 12. By 27 May 2016, the Commission shall adopt an implementing act laying down the methodology for the calculation of the annual consumption of lightweight plastic carrier bags per person and adapting the reporting formats adopted under Article 12(3). That implementing act shall be adopted in accordance with the regulatory procedure referred to in Article 21(2).

(a) the adoption of measures ensuring that the annual consumption level does not exceed 90 lightweight plastic carrier bags per person by 31 December 2019 and 40 lightweight plastic carrier bags per person by 31 December 2025, or equivalent targets set in weight. Very lightweight plastic carrier bags may be excluded from national consumption objectives;

(b) the adoption of instruments ensuring that, by 31 December 2018, lightweight plastic carrier bags are not provided free of charge at the point of sale of goods or products, unless equally effective instruments are implemented. Very lightweight plastic carrier bags may be excluded from those measures.

1b. Without prejudice to Article 15, Member States may take measures such as economic instruments and national reduction targets, as regards any kind of plastic carrier bags, regardless of their wall thickness.

1c. The Commission and the Member States shall, at least during the first year following the 27 November 2016, actively encourage public information and awareness campaigns concerning the adverse environmental impact of the excessive consumption of lightweight plastic carrier bags.

(3) The following Article is inserted: .

Article 1

(3)

Article 8a Specific measures for biodegradable and compostable plastic carrier bags

By 27 May 2017, the Commission shall adopt an implementing act laying down the specifications of labels or marks to ensure Union-wide recognition of biodegradable and compostable plastic carrier bags and to provide consumers with the correct information about the composting properties of such bags. That implementing act shall be adopted in accordance with the regulatory procedure referred to in Article 21(2). 18 months after the adoption of that implementing act, at the latest, Member States shall ensure that biodegradable and compostable plastic carrier bags are labelled in accordance with the specifications provided for in that implementing act.

Article 1

(4) The following Article is inserted: .

Article 1

(4)

Article 20a Reporting on plastic carrier bags

1. By 27 November 2021, the Commission shall present a report to the European Parliament and to the Council, assessing the effectiveness of measures in Article 4(1a) at Union level, in combating littering, changing consumer behaviour and promoting waste prevention. If the assessment shows that the measures adopted are not effective, the Commission shall examine other possible ways to achieve a reduction in the consumption of lightweight plastic carrier bags, including the setting of realistic and achievable targets at Union level, and present a legislative proposal, if appropriate.

2. By 27 May 2017, the Commission shall present a report to the European Parliament and to the Council, examining the impact of the use of oxo-degradable plastic carrier bags on the environment and present a legislative proposal, if appropriate.

3. By 27 May 2017, the Commission shall assess the life cycle impacts of different possibilities to reduce the consumption of very lightweight plastic carrier bags, and present a legislative proposal, if appropriate.

Article 1

(5) In Article 22(3a), the first subparagraph is replaced by the following: .

3a. Provided that the objectives set out in Article 4 and Article 6 are achieved, Member States may transpose the provisions set out in Articles 4(1a) and 7 by means of agreements between the competent authorities and the economic sectors concerned.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 27 November 2016. They shall immediately inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Strasbourg, 29 April 2015. For the European Parliament The President M. Schulz For the Council The President Z. Kalniņa-Lukaševica

Versions

1. 2015-04-29

Cited by

• Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (Text with EEA relevance) Regulation · Grade B

  In view of the continued high consumption levels of plastic carrier bags, inefficient use of resources and their potential to be discarded as litter, it is appropriate to maintain provisions aimed at reaching a sustained reduction in the consumption of plastic carrier bags, as had already been established by Directive 94/62/EC as amended by the Directive (EU) 2015/720 of the European Parliament and of the Council. In view of the current divergent approaches and limited reporting requirements on the plastic carrier bags, it is difficult to assess whether the consumption reduction measures taken

• Council Regulation (EU, Euratom) 2021/770 of 30 April 2021 on the calculation of the own resource based on plastic packaging waste that is not recycled, on the methods and procedure for making available that own resource, on the measures to meet cash requirements, and on certain aspects of the own resource based on gross national income Regulation · Grade B

  In order to perform the calculation referred to in Article 6, each Member State shall, by the last day of the second month following the entry into force of this Regulation, provide the Commission with forecasts of the weight of plastic packaging waste that is not recycled from 2021 onwards and until the year following the entry into force of this Regulation. In the years 2021 and 2022, Member States may provide their forecasts of the weight of plastic packaging waste that is not recycled, calculated in accordance with Directive 94/62/EC as amended by Directive (EU) 2015/720 of the European Pa

• Judgment of the Court (Third Chamber) 21 December 2023 Judgment · Grade B

  Directive (EU) 2015/720 of the European Parliament and of the Council of 29 April 2015 amending Directive 94/62 as regards reducing the consumption of lightweight plastic carrier bags (OJ 2015 L 115, p. 11) inserted paragraphs 1b and 1c into Article 3 of Directive 94/62, entitled Definitions. Those paragraphs provide: For the purposes of this Directive: …

• Judgment of the Court (Third Chamber) 21 December 2023 Judgment · Grade B

  Directive 2015/720 also inserted paragraphs 1a and 1b into Article 4 of Directive 94/62, entitled Prevention. Those paragraphs provide: 1a. Member States shall take measures to achieve a sustained reduction in the consumption of lightweight plastic carrier bags on their territory. Those measures may include the use of national reduction targets, maintaining or introducing economic instruments as well as marketing restrictions in derogation from Article 18, provided that these restrictions are proportionate and non-discriminatory. Such measures may vary depending on the environmental impact of

• Judgment of the Court (Third Chamber) 21 December 2023 Judgment · Grade B

  In addition, the AIB’s argument alleging failure to have regard to paragraph 1a introduced into Article 4 of Directive 94/62 must be rejected, given that that paragraph is not applicable ratione temporis to the facts of the main proceedings. That paragraph was inserted into that directive by Directive 2015/720 and, consequently, after those facts occurred.

• Judgment of the Court (Third Chamber) 21 December 2023 Judgment · Grade B

  In the third and last place, regarding the arguments of the Italian Government and the AIB relying on the introduction of paragraph 1a into Article 4 of Directive 94/62 by Directive 2015/720, it is sufficient to note, as observed in paragraph 39 of the present judgment, that that paragraph is not applicable ratione temporis to the main proceedings.

• Judgment of the Court (Third Chamber) 21 December 2023 Judgment · Grade B

  However, as the Advocate General observed in point 89 of his Opinion, packaging which complied with Directive 94/62 could be freely marketed without any conditions until the entry into force of paragraph 1a introduced into Article 4 of Directive 94/62 by Directive 2015/720, which permitted Member States to introduce more restrictive measures for the marketing of lightweight plastic carrier bags. As noted in paragraph 39 of the present judgment, that provision is not, however, applicable ratione temporis to the facts in the main proceedings.

• Judgment of the Court (Fifth Chamber) 14 September 2023 Judgment · Grade B

  Article 7 of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ 1994 L 365, p. 10), as amended by Directive 2015/720/EU of the European Parliament and of the Council of 29 April 2015 (OJ 2015 L 115, p. 11) (Directive 94/62), entitled Return, collection and recovery systems, provides in paragraph 1: Member States shall take the necessary measures to ensure that systems are set up to provide for: in order to meet the objectives laid down in this Directive. These systems shall be open to the participation of the economic operators of the se

• Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 May 2023 Case C‑86/22 Papier Mettler Italia Srl v Ministero della Transizione Ecologica (già Ministero dell’Ambiente e della Tutela del Territorio e del Mare), Ministero dello Sviluppo Economico, intervener: Associazione Italiana delle Bioplastiche e dei Materiali Biodegradabili e Compostabili – Assobioplastiche (Request for a preliminary rulingfrom the Tribunale amministrativo regionale per il Lazio (Regional Administrative Court, Lazio, Italy)) Opinion · Grade B

  As regards the second plea of inadmissibility, I shall merely state that Article 4(1a) of Directive 94/62 is not applicable ratione temporis to the facts of the dispute. Those facts occurred in 2013 while Article 4(1a) was inserted into Directive 94/62 in 2015 (by Directive 2015/720).

• Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 May 2023 Case C‑86/22 Papier Mettler Italia Srl v Ministero della Transizione Ecologica (già Ministero dell’Ambiente e della Tutela del Territorio e del Mare), Ministero dello Sviluppo Economico, intervener: Associazione Italiana delle Bioplastiche e dei Materiali Biodegradabili e Compostabili – Assobioplastiche (Request for a preliminary rulingfrom the Tribunale amministrativo regionale per il Lazio (Regional Administrative Court, Lazio, Italy)) Opinion · Grade B

  The Italian Government and Assobioplastiche contend that the 2013 Decree was confirmed by the insertion, under Directive 2015/720, of the new Article 4(1a) into Directive 94/62.

• Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 May 2023 Case C‑86/22 Papier Mettler Italia Srl v Ministero della Transizione Ecologica (già Ministero dell’Ambiente e della Tutela del Territorio e del Mare), Ministero dello Sviluppo Economico, intervener: Associazione Italiana delle Bioplastiche e dei Materiali Biodegradabili e Compostabili – Assobioplastiche (Request for a preliminary rulingfrom the Tribunale amministrativo regionale per il Lazio (Regional Administrative Court, Lazio, Italy)) Opinion · Grade B

  Their line of reasoning cannot be accepted because: Directive 2015/720, for which the transposition period expired on 27 November 2016 (Article 2), is not applicable ratione temporis to the dispute, which arose as a result of the adoption of the 2013 Decree; in any event, although Directive 2015/720 permits national exceptions to the free movement of packaging compatible with Directive 94/62, it does so for lightweight plastic carrier bags (with a thickness below 50 microns). However, the 2013 Decree included a broader prohibition since it applied to plastic carrier bags with a thickness excee

• Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 May 2023 Case C‑86/22 Papier Mettler Italia Srl v Ministero della Transizione Ecologica (già Ministero dell’Ambiente e della Tutela del Territorio e del Mare), Ministero dello Sviluppo Economico, intervener: Associazione Italiana delle Bioplastiche e dei Materiali Biodegradabili e Compostabili – Assobioplastiche (Request for a preliminary rulingfrom the Tribunale amministrativo regionale per il Lazio (Regional Administrative Court, Lazio, Italy)) Opinion · Grade B

  Until Directive 94/62 was amended by Directive 2015/720, packaging manufactured in accordance with Directive 94/62 could be freely placed on the market without any conditions. Only since the entry into force of Directive 2015/720 have Member States been permitted to introduce more restrictive measures for the marketing of lightweight plastic carrier bags.

• Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 May 2023 Case C‑86/22 Papier Mettler Italia Srl v Ministero della Transizione Ecologica (già Ministero dell’Ambiente e della Tutela del Territorio e del Mare), Ministero dello Sviluppo Economico, intervener: Associazione Italiana delle Bioplastiche e dei Materiali Biodegradabili e Compostabili – Assobioplastiche (Request for a preliminary rulingfrom the Tribunale amministrativo regionale per il Lazio (Regional Administrative Court, Lazio, Italy)) Opinion · Grade B

  As I have also already pointed out, the Member States had no discretion to adopt stricter national measures on the marketing of lightweight single-use plastic carrier bags until the adoption of Directive 2015/720, which inserted the new Article 4(1a) into Directive 94/62.

• Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 May 2023 Case C‑86/22 Papier Mettler Italia Srl v Ministero della Transizione Ecologica (già Ministero dell’Ambiente e della Tutela del Territorio e del Mare), Ministero dello Sviluppo Economico, intervener: Associazione Italiana delle Bioplastiche e dei Materiali Biodegradabili e Compostabili – Assobioplastiche (Request for a preliminary rulingfrom the Tribunale amministrativo regionale per il Lazio (Regional Administrative Court, Lazio, Italy)) Opinion · Grade B

  That legislative amendment might, however, have some bearing if the national court were to find that the Italian State (due to an error, the excusable nature of which it is for that court to examine) sought to anticipate the Commission’s draft legislation presented on 4 November 2013, which resulted in Directive 2015/720.

• Judgment of the General Court (First Chamber, Extended Composition) 31 January 2024 Judgment · Grade B

  Both the Eunomia study and the report of 16 January 2018 were at the disposal of the three institutions concerned when Directive 2019/904 was being drawn up and adopted. It was on 16 January 2018, that is to say, before the adoption on 5 June 2019 of that directive, that that report was submitted by the Commission to the Parliament and the Council, pursuant to Article 20a(2) of Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ 1994 L 365, p. 10), as amended by Directive (EU) 2015/720 of the European Parliament and of the C

• P8_TA(2018)0352 A European Strategy for Plastics in a circular economy European Parliament resolution of 13 September 2018 on a European strategy for plastics in a circular economy (2018/2035(INI)) 2019/C 433/19 Notice · Grade B

  having regard to Directive (EU) 2015/720 of the European Parliament and of the Council of 29 April 2015 amending Directive 94/62/EC as regards reducing the consumption of lightweight plastic carrier bags,

• Commission Notice Updating Commission guidelines on single-use plastic products in accordance with Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment C/2026/4813 Directive · Grade B

  Product design characteristic: in accordance with point (1c) of Article 3 of Directive 94/62/EC, wall thickness below 50 microns indicates that these bags are not purposely designed, conceived and placed on the market to be re-used. This criterion duly reflects the Directive’s objective to reduce (marine) litter. As stated in Recital 4 of Directive (EU) 2015/720 such bags are less frequently reused than thicker plastic carrier bags, become waste more quickly, and are more prone to littering due to their light weight.

• Commission notice — Commission guidelines on single-use plastic products in accordance with Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment 2021/C 216/01 Directive · Grade B

  Product design characteristic: in accordance with point (1c) of Article 3 of Directive 94/62/EC, wall thickness below 50 microns indicates that these bags are not purposely designed, conceived and placed on the market to be re-used. This criterion duly reflects the Directive’s objective to reduce (marine) litter. As stated in Recital 4 of Directive (EU) 2015/720 such bags are less frequently reused than thicker plastic carrier bags, become waste more quickly, and are more prone to littering due to their light weight.

• P8_TA(2018)0411 Reduction of the impact of certain plastic products on the environment ***I Amendments adopted by the European Parliament on 24 October 2018 on the proposal for a directive of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment (COM(2018)0340 — C8-0218/2018 — 2018/0172(COD)) (Ordinary legislative procedure: first reading) 2020/C 345/40 Notice · Grade B

  For certain single-use plastic products, suitable and more sustainable alternatives are not yet readily available and the consumption of most such single-use plastic products is expected to increase. To reverse that trend and promote efforts towards safe and sustainable solutions, Member States should be required to take the necessary measures to achieve an ambitious and sustained reduction in the consumption of those products, as is being done for plastic bags under Directive 94/62/EC, as amended by Directive (EU) 2015/720 of the European Parliament and of the Council, without compromising fo

• P9_TA(2021)0096 Impact on fisheries of marine litter European Parliament resolution of 25 March 2021 on the impact on fisheries of marine litter (2019/2160(INI)) 2021/C 494/02 Notice · Grade B

  having regard to Directive (EU) 2015/720 of the European Parliament and of the Council of 29 April 2015 amending Directive 94/62/EC as regards reducing the consumption of lightweight plastic carrier bags,