Global Food

In recent years, many countries have issued bans on single-use plastic products. For example, the European Union issued a directive (EU) 2019/904 on reducing the environmental impact of certain plastic products in 2019 [https://eur-lex.europa.eu/legal-content/EN/ALL/?uri= uriserv:OJ.L_.2019.155.01.0001.01.ENG], the directive conveys the EU’s plastic strategy and is an important factor for the EU to move towards a circular economy. By adopting a series of measures for the products covered by the directive, including banning the use of single-use plastic products in the EU where there are alternatives, it will promote the EU's transition to a circular economy. At present, some EU member states have or are in the process of transforming and formulating their own laws and regulations in accordance with the requirements of this directive, including Belgium, Greece, France, Lithuania and Slovakia.

At the end of 2020, another EU member state, Malta, issued the "Regulations on Market Restrictions for Disposable Plastic Products", clarifying its actual measures to implement the EU's management requirements for disposable plastic products.

1. The key content of Malta's EU directive

The "Regulations on the Market Restriction of Disposable Plastic Products" issued by Malta focuses on implementing the key contents of Article 5 and Article 6(1) and 6(2) of the European Union Directive (EU) 2019/904.

Article 5 of the Directive (EU) 2019/904 is a restriction on the placing of products on the market: Member States are required to prohibit the sale of disposable plastic products listed in Part B of the Directive and products made of oxygen-containing degradable plastics on the market. This part of the content has been adopted by Malta’s “Regulations on the Market Restriction of Disposable Plastic Products” and directly transformed into Article 4(1) and Part A of the Schedule, but Malta directly prohibits such products from being placed on the market.

Directive (EU) 2019/904 Article 6 is related to product form requirements. Article 6(1) requires: For the single-use plastic products with plastic bottle caps listed in Part C of the Directive, member states shall ensure that their caps and lids (caps and lids) remain When attached to the container, it can be put on the market. Article 6(2) stipulates: For the product requirements of Article 6, metal caps or lids with plastic seals shall not be regarded as made of plastic. This part of the content This part of the content has been adopted by Malta's "Regulations on the Market Restriction of Disposable Plastic Products" and directly transformed into Article 4(2) and Part B of the Schedule, but Malta directly prohibits such products from being placed on the market.

2. Prohibited content

Disposable plastic products that are restricted by EU directives and prohibited by Maltese regulations on the market refer to products that are wholly or partly made of plastic. The purpose of conceiving, designing, or placing on the market is not to complete multiple trips or rotations during their lifetime. It is returned to the manufacturer for refilling or reuse for the same purpose as it was conceived. In short, this product cannot be reused after its design is completed, cannot be refilled, or reused according to its original purpose of use. It is a product for single use only.

According to the requirements of the ban, such products mainly include two categories: disposable plastic products and products made of oxygen-containing degradable plastics, and disposable plastic products with plastic bottle caps. Among them, disposable plastic products and products made of oxygen-containing degradable plastics mainly include the following 9 categories (Part A of the Schedule of Malta Regulations):

(1) Cotton swabs, except for products that fall within the scope of Council Directive 90/385/EEC or Council Directive 93/42/EE;

(2) Tableware (fork, knife, spoon, chopsticks);

(3) plate;

(4) Straws, except for products falling within the scope of Directive 90/385/EEC or 93/42/EEC;

(5) Beverage mixer;

(6) Sticks attached to and supporting balloons, except balloons for industrial or other professional uses and applications, which are not distributed to consumers, including the mechanical devices of such sticks;

(7) Food containers made of expanded polystyrene, that is, containers with or without lids, such as boxes, used to contain the following foods:

(A) Can be eaten directly: on-site or takeaway,

(B) usually eat directly in the container,

(C) Ready to eat without any further preparation, such as cooking, boiling or heating, including food containers for fast food or other ready-to-eat meals, except for beverage containers, plates and packaging bags containing food, and wrapping paper ；

(8) A beverage container made of expanded polystyrene, including its caps and lids.

(9) A beverage cup made of expanded polystyrene, including its caps and lids (covers and lids).

Disposable plastic products with plastic bottle caps (Part B of the Schedule of Malta Regulations) are mainly beverage containers with a capacity of no more than 3L, that is, containers used to hold liquids, such as beverage bottles (including bottle caps and bottle caps) and composite beverages Packaging (including bottle caps and bottle caps), but does not include: (a) glass or metal beverage containers with plastic caps, (b) used in European Union Regulation (EU) No 609/2013 Article 2 (g) definition Liquid form of beverage containers for special medical use products.

3. Implementation period and instructions for handling violations

Malta regulations: from January 1, 2021, it is prohibited to put on the market the disposable plastic products listed in Part A of the Regulations and products made of oxygen-containing degradable plastics.

From July 3, 2024, it is prohibited to put on the market the disposable plastic products listed in Part B of the Regulations, and such products must have plastic caps or caps. However, the disposable plastic products listed in Part B of the Schedule are exempt from the prohibition only when the caps and caps are made of plastic. During the product use phase, the lid remains on the container. In addition, in accordance with regulatory requirements, metal covers or lids with plastic seals shall not be considered to be made of plastic.

Anyone who violates or fails to comply with the prohibited content required by this law shall be a crime upon conviction.

The first conviction is punishable by a fine of not more than one thousand five hundred euros (€1,500);

The second or subsequent conviction is punishable by a fine not exceeding 2500 Euros (€2,500).

4. Unclear questions

In view of China’s management requirements for disposable plastic products, the requirements for bans and restrictions on plastics initiated by the Ministry of Commerce of China are mainly aimed at various supermarkets, shopping malls, bazaars, e-commerce platforms and takeaway companies (through e-commerce platforms, etc.) Retail and catering companies that provide take-out services); the types of products involved mainly include: non-degradable plastic shopping bags, roll bags, plastic packaging bags (including woven bags), non-degradable disposable plastic lunch boxes, plastic tableware (knives, forks) , Spoon) and plastic straws. The targets and product categories of China’s plastic bans and restrictions are relatively clear. In contrast, the EU Plastics Restriction Directive and Malta’s plastic ban: they do not clearly specify the applicable types of companies and specific product categories, and there will be a lot of problems in the specific implementation process. Understanding deviations, as member states transform and implement directives and actual problems arise, the EU level or the Maltese authorities may consider issuing further guidelines or similar documents.

5. Summary

Combining the management requirements of EU directives and Maltese regulations for single-use plastic products, it can be seen that Malta has adopted stricter prohibition measures when transforming the requirements of EU directives and formulated corresponding illegal disposal requirements. In accordance with the requirements of the European Union Directive (EU) 2019/904, the management measures for the two major types of plastic products that are restricted to be placed on the market in the transformation and formulation of the member states should be completed by July 3, 2021 and July 3, 2024, respectively. . Therefore, in the first half of this year, more EU member states should introduce corresponding policies or management measures to restrict or prohibit the marketing of single-use plastic products. By then, the plastic forks in our common barreled instant noodles, vermicelli and other convenience products should be banned by the legislation of many EU member states. Companies that export such products to Europe should prepare relevant plans and countermeasures in advance. 

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Please note: This article is translated based on Google web translation software, if there is an error, please contact us as soon as possible to correct.

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