The long-awaited 2019 European law to regulate single-use plastics has finally come into force. From July 3, all European member states will have to ensure that new disposable plastics do not enter the market. But it’s not that simple: Not all plastics are banned under the new guidelines.

Sounds complicated? Do not worry. We’re here to help you with our recap of what you need to know about the rules.

Ten items are covered

Ten single-use plastic items (SUPs) are affected by the ban. These include cotton swabs, cutlery, straws, stirrers, plates, styrofoam cups and containers, oxo-degradable plastic bags and balloon sticks. The reason these items are being targeted is that they are responsible for a large part of all marine litter in Europe – over 80%.

Now producers, cafes, restaurants and other food businesses will have to switch to other plastic-free items. This means things like bamboo cups or items made from cellulose or other biodegradable materials.

Some articles are “restricted”

But some items are placed on a “short” list, rather than banned altogether. Among them are fishing gear, SUP bags, bottles and containers for drinks or food intended for “immediate consumption”. It also includes packets, wrappers, tobacco filters, sanitary ware and wet wipes.

According to the directive, producers must “limit their use” and be responsible for “preventing waste”. They must follow labeling guidelines and pay for pollution. Companies will also need to launch awareness campaigns and innovate in the design of more sustainable products in the future.

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Towards a circular economy

The European Commission says that the aim of the guidelines is to move the whole bloc towards a circular economy. By 2030, the Commission hopes to create an economy in which all disposable plastics left in circulation will either be reusable or recyclable.

This is part of the European Green Deal, which consists of “protecting and restoring our natural environment while encouraging companies to innovate”. This is according to Frans Timmermans, the executive vice president of the agreement.

“The European Union rules are a historic achievement in the fight against marine litter. They also stimulate sustainable business models, bring[ing] brings us closer to a circular economy where reuse precedes single use, ”said Timmermans.

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Hang on to fishing gear

Fishing gear is listed in the restricted section. It is not prohibited, but European countries will have to start monitoring and reporting the amount of fishing gear placed on the market.

It is being watched closely by politicians and the public, who have become much more aware of the role the commercial fishing industry plays in plastic pollution. In the EU alone, more than 11,000 tonnes of abandoned fishing gear pollutes the ocean each year, accounting for around 27% of beach litter.

From 2022, EU states will be required to report on the amount of fishing gear they have successfully recovered. Then, by the end of 2024, countries will need to set a “national minimum annual collection rate” for recovered fishing gear that will go into recycling.

Disposable Covid-19 products not yet banned

SUPs related to medical applications are exempt under the laws. These include things like surgical masks and gloves.

Some environmental activists have already criticized the lack of solutions in this sector, especially as imports of “pandemic plastics” continue to increase. In the first six months of the pandemic, around 170,000 additional tonnes of face masks containing plastic entered the EU market. Local production of disposable medical products has also exploded.

Talk to Deutsche Welle, Justine Maillot from the Zero Waste Europe association mentionned: “Notably, the Single-Use Plastics Directive does not even apply to single-use plastic products used in healthcare sectors, such as single-use gloves, gowns and masks.

Potential problems in European definitions of plastic

Another criticism of the directive is that it leaves potential loopholes for manufacturers. It is all due to the confusing set of definitions that the EU has chosen to use in the guidelines.

Aaron Kent, the founder of the Hong Kong reusable products company Please Drink Responsably, told us why this is a problem.

“They tried to define plastics in a legal sense, that is, what exact properties make a material a plastic. But in trying to write this, their definitions accidentally capture material that they want to promote, ”he explained. This means that things like paper could end up being banned under the rules, although that would be better for the environment than plastic.

This is why the rules ended up making exceptions for certain materials. “So the definition got longer. Each additional clause opens new lines for additional inclusions and exceptions.

What Kent says that will be really helpful is for the EU to ban covering materials that would cause more waste to accumulate. It is a shared view in a Analysis from the issue written by Francesco Degli Innocenti, director of ecology at the Italian biomaterials company Novamont.

“[We need] move from a ban on plastics as defined by a ridiculously long text that will be flawed, to a ban on materials that could cause a buildup of persistent solid waste in the environment, ”said Kent.

Main image courtesy of Unsplash.