Context of Single-Use Plastic Restrictions

In recent years, the UK has taken increasingly stringent measures to tackle plastic pollution, with a particular focus on single-use products. Restrictions such as bans on the sale of certain single-use plastic products, such as straws, cutlery, plates, and measures that increase the cost of single-use plastic products for consumers and producers have been introduced in order to incentivise the use of sustainable alternatives and protect the environment.

In the report, the OIM analyses how these policies, which vary between the UK nations (England, Scotland, Wales and Northern Ireland), can have a negative impact on the internal market. While the intent of these policies is positive for the environment, differences in national laws could disrupt trade, complicating the landscape for companies and increasing costs.

National Inequalities and Challenges for Companies

One of the key findings of the report is the inequalities in single-use plastics policies across the UK. While England and Scotland have adopted strong policies to reduce the use of single-use plastics, Wales and Northern Ireland have been slower to implement such measures.

This disparity creates challenges for companies operating in multiple jurisdictions, which face different regulations that impact the production and distribution of products. Companies must adapt their products to local laws, which leads to additional costs and logistical challenges. Furthermore, the report highlights that this fragmentation of policies can create distortions in the market, favouring some areas over others and damaging the competitiveness of companies operating nationally.

Internal Market Implications

Another important aspect of the report is its focus on the functioning of the UK’s internal market. Divergent regulations risk undermining the fundamental principle of free movement of goods within the UK, enshrined in the Internal Market Act 2020. This act is designed to ensure that national laws and policies do not harm trade between UK nations.

According to the report, if national laws continue to differ significantly, companies could face higher costs and increased administrative complexity, reducing economic efficiency. Companies could also be discouraged from expanding their business at national level if differing regulations between nations create barriers to trade.

OIM’s Recommendations

To address these issues, the OIM made some key recommendations:

1. Harmonisation of policies: One of the main proposals concerns the harmonisation of regulations on single-use plastics between the different nations of the UK. The OIM suggests that a more coordinated approach could reduce trade barriers and make the internal market more efficient.
2. Intergovernmental cooperation: The report encourages greater cooperation between national governments to ensure that environmental policies are implemented effectively, without hindering trade and business competitiveness.
3. Evaluation of existing policies: The OIM suggests continuously monitoring and evaluating the impact of SUP policies to ensure that green objectives are achieved without compromising the efficiency of the internal market.

Conclusions: Balancing the Environment and the Economy

In summary, the report highlights the importance of balancing environmental needs with the economic needs of the UK. Restrictions on single-use plastics are essential to reduce environmental pollution and promote sustainable alternatives. However, it is equally important that these regulations are implemented in a way that does not damage the UK internal market and does not hinder the competitiveness of businesses.

The OIM therefore proposes a more coordinated approach that allows environmental objectives to be achieved without compromising the effectiveness of the internal market. Only through greater cooperation and harmonisation of policies between regions can the UK ensure an effective ecological transition, which benefits both the environment and the national economy.

Sustainable Design and Packaging

The regulation aims to promote more eco-friendly product design, focusing on criteria that reduce environmental impact, such as limiting hazardous substances, optimising energy efficiency and increasing recyclability.

For packaging, this means choosing materials that can be easily reused or recycled, reducing the volume of waste and improving the circularity of the material.

Digital Product Passport

A key element of the regulation is the introduction of the Digital Product Passport (DPP), a tool that provides transparent and detailed information on the life cycle of a product, including its eco-friendly characteristics, waste management and overall sustainability. This digital passport is designed to support consumers, authorities and businesses in assessing the environmental impact of products and to facilitate traceability throughout the supply chain.

Ban on Destruction of Unsold Goods

The regulation also includes a ban on the destruction of unsold goods, a measure that contributes to the fight against waste and promotes greater responsibility in business practices. The idea is to encourage reuse, recycling or other end-of-life management of products, reducing the need to dispose of unused items in landfill or through physical destruction.

Link to PPWR

The Packaging and Packaging Waste Regulation (PPWR) focuses on the management of packaging and packaging waste, setting targets for circularity and reducing the environmental impact of packaging. The relationship between Regulation 2024/1781 and the PPWR is crucial, as the former establishes design criteria to reduce the use of hazardous substances and foster sustainability, while the latter specifically addresses the management of packaging and packaging waste. The presence of Substances of Concern (SoC), such as heavy metals and other hazardous chemicals, is a key element in both regulations. The reduction of these substances is a key objective to improve the sustainability of packaging and foster material circularity.

Substances of Concern

SoCs are defined in PPWR as those substances that meet certain hazard criteria, for example, substances that are toxic, persistent in the environment or that may have an adverse effect on human health. Regulation 2024/1781 requires that packaging is designed to minimise the inclusion of these substances, both in the packaging materials themselves and in other components. This could involve, for example, the elimination of heavy metals such as lead, cadmium or mercury, which are harmful to both the environment and health.

ESPR Implementation Timelines and Phases

The implementation of the Ecodesign Regulation will follow a gradual process, with deadlines for the introduction of new rules that promote environmental sustainability in product design and production. The main phases are:

1. Establishment of the Ecodesign Forum (Group of Experts on Ecodesign for Sustainable Products and Energy Labelling) at the end of 2024: Reference point for dialogue between the various stakeholders, aimed at defining the guidelines for ecodesign.
2. Adoption of the first work plan (by 19 April 2025): Definition of the concrete actions and priorities of the regulation in relation to sustainability.
3. Publication of the Delegated Acts on the prohibition of destruction of unsold goods and exemptions (Q2 2025): Important measures for sectors such as textiles and electronics, to reduce the waste of still usable goods.
4. Publication of Delegated Acts on the Digital Product Passport (DPP) (by the end of 2025): Introduction of an innovative tool to monitor the environmental characteristics of products.
5. Adoption of the first ESPR measures (2026): Measures to regulate product design, with the introduction of specific obligations.
6. Entry into force of the first product requirements (2027/2028): Manufacturers will have to comply with new ecodesign requirements that include sustainability and environmental impact reduction obligations.

The delegated acts will establish the design characteristics necessary to ensure the environmental sustainability of products, including new information and performance specifications, the introduction of the DPP, the ban on the destruction of unsold goods and the strengthening of customs controls and market surveillance. The first delegated act will enter into force no earlier than 19 July 2025, giving companies time to adapt to the new obligations.

In conclusion, Regulation 2024/1781 aims to promote a synergy between product sustainability and eco-friendly management of packaging, with the aim of reducing environmental impact, optimising the circularity of resources and encouraging responsible design and production practices.

In April 2023, the rapporteur, Frédérique Ries, introduced a number of recommendations for amendments that stimulated debates and proposed amendments by MEPs. The ENVI Committee (European Parliament Committee on the Environment, Public Health and Food Safety) voted in favour of the adoption of the compromise amendments on October 24, and Parliament officially adopted its position on November 22, 2023 supporting a regulation aimed at reducing the production of packaging waste and encouraging its reuse and recycling. However, they adopted a softer text than the committee’s initial proposal. Several amendments tabled by the majority groups were passed before the final vote.

Impact on the Sector

However, this strategic decision imposes important restrictions on the packaging industry, including:

• Reduction targets: Parliament has set ambitious targets for reducing packaging waste, with specific reduction percentages set for the coming decades: 5% by 2030, 10% by 2035 and 15% by 2040. MEPs then proposed specific waste reduction targets for plastic packaging: 10% by 2030, 15% by 2035 and 20% by 2040.
• Restrictions on the use of plastic bags and certain packaging formats: Strict limitation required in the use of ultra-light plastic bags (less than 15 microns), with some exceptions to preserve hygiene or, as in the case of primary packaging of bulk products, reduce food waste. The intention is also to strongly limit the use of certain disposable packaging formats, miniature hotel packaging for toilettes and shrink films for suitcases at airports.
• Prohibition of certain chemicals in food packaging: To protect the health of consumers, it will be prohibited the intentional use in food packaging of so-called “chemicals forever”, PFAS (alkyl perfluorinated and polyfluorinated substances) and bisphenol A. Existing restrictions on lead, cadmium, mercury and hexavalent chromium in packaging or in its components will be maintained.
• Promotion of re-use: MEPs clarify requirements for reusing or refilling packaging. Final distributors of drinks and takeaway food in the catering sector (including hotels, restaurants and bars) should offer consumers the possibility to bring and use their own container, with a few exceptions introduced through amendments tabled by the majority: for example, food packaging made of wood and wax is temporarily excluded.
  One of the main exceptions to the reuse targets is that if a Member State achieves a recycling rate of more than 85% for specific packaging, such packaging will be exempted from the re-use obligation.

Next steps

Parliament is ready to start talks with national governments on the final form of the law once the Council has adopted its position.