Single-use plastic products

The directive applies to:

• The ten above-mentioned single-use products
• AND to all products manufactured from oxo-degradable plastic (single as well as multi-use products)
• AND to fishing gear made of plastic.

Plastics consist of a number of structures in chains called polymers. The five polymers making up by far the largest share of single-use plastic products are:

• PP (polypropylene)
• HDPE (high-density polyethylene)
• LDPE (low-density polyethylene)
• LLDPE (linear low-density polyethylene)
• PET (polyethylene terephthalate)

To this should be added:

• EPS (expanded polystyrene, also called foam plastic or thermoplastic)

In the directive guidelines, the definition of plastics covered reads among others:

“Plastics manufactured with modified natural polymers, or plastics manufactured from bio-based, fossil or synthetic starting substances are not naturally occurring and should therefore be addressed by this Directive. The adapted definition of plastics should therefore cover polymer-based rubber items and bio-based and biodegradable plastics regardless of whether they are derived from biomass or are intended to biodegrade over time.”

More information can be found in the source: 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

According to the directive, a single-use plastic product means a product that is designed or placed on the market to accomplish, within its life span, only one or a few trips before becoming waste. The product is made wholly or partly from plastic, and refilling or reuse is not intended.

Composite product

Products made from different composite material types are also called composite products.  For example, a plastic coating or lining can be applied to the surface of a board-based item to provide protection against water or fat. Cardboard plates and beverage cartons are examples of such composite products partly made from plastic. This type of product is covered by the directive.

There is no de minimis threshold

The directive does not have a minimum threshold for the plastic content in the product to determine whether or not that product is covered by the directive. Thereby, it is not decisive whether the product is made wholly from plastic or whether the main component is another material.

Check product design characteristics

As there is no minimum threshold, the general product design characteristics can be used to assess whether the product is a multi-use or a recyclable product that may thereby be exempt from the provisions of the directive.

A multi-use product must have the following product design characteristics:

• Can be washed and used again for the same purpose
• Can be washed or used several times without breaking
• Is conceived as a recyclable product

Thereby, product design characteristics such as material composition, washability and reparability and the product’s ability to make multiple trips for the same purpose can contribute to deciding whether or not the product is in scope.

Chemically modified or non-chemically modified

The guidelines mention a number of plastics to illustrate which plastics are covered by the directive, and which are not. Chemically modified plastics are covered by the Single-Use Plastics Directive.

Cellulose (regenerated), e.g. in form of viscose, lyocell and cellulosic film:
is not considered to be chemically modified, as the resulting polymers are not chemically modified compared to the ingoing polymer.

Cellulose acetate (i.a. tobacco product filters):
is considered to be chemically modified given that, compared to the ingoing natural polymer, the chemical modifications of cellulose during the production process remain present at the end of the production process. Consequently, this type of plastic is covered.

Styrofoam (expanded polystyrene, EPS):
Foam plastic (also known under the registered trademark Flamingo™) is undesirable in the oceans; therefore, EPS plastic is covered by the directive. There is a market ban on beverage cups and food containers made from EPS plastic.

Single-use plastic products that are also packaging

Single-use plastic products covered by the Single-Use Plastics Directive and that are also considered packaging (as defined by point (1) of Article 3 of the Packaging and Packaging Waste Directive) must comply with the requirements of both directives. In the event of a conflict between the two directives, the Single-Use Plastics Directive shall prevail.