13 Reducing plastic carrier bag use
| (35501)
15845/13
COM(13) 761
| Draft Directive amending Directive 94/62/EC on packaging and packaging waste (the "Packaging Directive") to reduce the consumption of lightweight plastic carrier bags
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| Legal base | Article 114 TFEU; co-decision; QMV
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| Document originated
| 4 November 2013 |
| Deposited in Parliament
| 11 November 2013 |
| Department | Business, Innovation and Skills
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| Basis of consideration
| EM of 21 November 2013
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| Previous Committee Report
| None |
| Discussion in Council
| No date set |
| Committee's assessment
| Politically important |
| Committee's decision
| Cleared |
Background
13.1 The aim of the "Packaging Directive"
(94/62/EC) is to prevent or reduce the impact of packaging and
packaging waste on the environment, but, although plastic carrier
bags constitute packaging within the meaning of the Directive,
its provisions do not contain specific measures relating to them.
However, the Commission says that their consumption has continued
to increase, particularly in the case of lightweight bags, which
are also less frequently re-used than the thicker variety. It
says that this is not only an inefficient use of resources, but
gives rise to littering, which has a particular impact on the
marine environment, and is increasingly recognised to be a major
global challenge.
13.2 The Commission also points out that some Member
States have already developed policies to reduce the use of these
bags, but with variable results, and that there have also been
attempts to ban them. In view of this, it says that the Environment
Council in March 2011 invited it to analyse possible EU action
in this area.
The current proposal
13.3 As a result, the Commission has now put forward
this proposal to amend Directive 94/62/EC by requiring Member
States to take measures to reduce within 24 months the consumption
of plastic carrier bags having a thickness of less than 50 microns
(0.05mm). The proposal does not, however, set a specific reduction
target, simply requiring that account should be taken of the current
consumption level in individual Member States, and it leaves each
Member State free to choose the means to achieve a reduction,
which it says may include national reduction targets, voluntary
measures, economic instruments (such as a charge at the point
of sale), and marketing restrictions. Any measure taken would
be subject to the caveat that it should not lead to an overall
increase in the generation of packaging, and national authorities
would have to provide data on plastic carrier bag use in order
to enable progress to be monitored.
The Government's view
13.4 In his Explanatory Memorandum of 21 November
2013, the Minister of State for Business and Energy (Michael Fallon)
points out that Wales and Northern Ireland have already introduced
a charge on all single use bags at point of sale, extending beyond
the lightweight plastic carrier bags covered by this proposal.
In addition, legislation has been introduced in Northern Ireland
which would allow the charge to be extended to a wider range of
carrier bags in 2014 (including carrier bags with a retail price
of less than 20 pence), whilst the Welsh Government is currently
consulting whether to enable regulations to be made on other types
of bags (not just single use carrier bags), should future monitoring
and evidence suggest this is necessary. The Minister also notes
that the Scottish Government has announced that it will be introducing
a charge in 2014 modelled on the approach in Wales, and that the
UK Government has announced an intention to introduce a charge
on plastic bags in England in 2015.
13.5 However, the Minister notes that the proposal
allows considerable latitude as to how its aims are achieved,
and that the measures already in place (or announced) by the devolved
administrations are each broadly in line with it, although they
go further by covering more than just lightweight plastic bags
thinner than 50 microns. He believes that the UK would not need
to make significant changes to its charging schemes, but he notes
that the plastic bag charge proposed for England, which would
come into force on October 2015, would exempt small and medium-sized
businesses (with fewer than 250 employees), as well as biodegradable
plastic bags meeting certain criteria. In view of this, implementation
of the proposed Directive based on these policies for England
would require prior notification to the Commission.
13.6 The Minister also notes that Member States are
required to report to the Commission on the effect of their measures,
and that UK data has previously been collected from the major
retailers on a voluntary basis. Also, depending on the proportionality
of the monitoring and reporting requirements, the proposal may
require the collection of data from small and medium-sized businesses
as well, which would constitute an additional burden. He says
that no formal consultation has taken place as this is the first
public statement of the Commission's proposals, but adds that
Northern Ireland, Wales and Scotland undertook consultations before
bringing forward their domestic measures in the devolved areas,
and that the Government will be issuing a call for evidence before
the end of the year on the proposed plastic bag charge in England.
Conclusion
13.7 It seems clear that the underlying aim of
this proposal is fully in line with the steps being taken within
the various parts of the UK to reduce the consumption of plastic
carrier bags, and thus does not raise any major issues. Indeed,
as it sets no specific targets for Member States, and leaves them
entirely free to choose the means by which they reduce their consumption
level, it seems to have no point, other than presumably to register
that the Commission considers itself to have a locus in this area.
Having said that, we do not see any need to hold the document
under scrutiny, and we are therefore clearing it.
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