Commission Implementing Decision (EU) 2022/162 of 4 February 2022 laying down rules for the application of Directive (EU) 2019/904 of the European Parliament and of the Council as regards the calculation, verification and reporting on the reduction in the consumption of certain single-use plastic products and the measures taken by Member States to achieve such reduction (Text with EEA relevance)

• CELEX: Implementing Decision (EU) 2022/162
• Articles: 7

Article 1 Methodology for calculating the reduction in the consumption of single-use plastic products

1.   Member States shall calculate the reduction in the consumption of single-use plastic products based on either of the following parameters:

(a)

the total weight of plastic in the single-use plastic products placed on the market in a Member State in a calendar year;

(b)

the number of single-use plastic products placed on the market in a Member State in a calendar year.

2.   Member States shall calculate the reduction in the consumption of single-use plastic products placed on the market in a Member State in a calendar year in accordance with the formulas set out in Annex I.

3.   Where there are significant exports or imports or other movements within the Union of single-use plastic products before they are made available to the final consumer or user, Member States may adjust the weight or number of single-use plastic products placed on the market, as referred to in paragraph 1, in order to take account of such movements.

Article 2 Reporting of data

1.   Member States shall report the data on single-use plastic products placed on the market referred to in Article 13(1), point (a), of Directive (EU) 2019/904, as calculated in accordance with Article 1 of this Decision, in the format laid down in Annex II to this Decision.

2.   Member States shall report the information on consumption reduction measures referred to in Article 13(1), point (b), of Directive (EU) 2019/904 in the format laid down in Annex III to this Decision.

3.   Member States shall submit the quality check report as regards the data and information referred to in this Article in the format laid down in Annex IV.

4.   The Commission shall publish the data reported by the Member States unless, as regards information included in the quality check report, the Member State provides a justified request to withhold the publication of certain data.

5.   Member States shall, to the extent possible, use electronic registries to collect and report data to the Commission.

Article 3 Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX I Formulas for the calculation of the reduction in the consumption of single-use plastic products

ANNEX I

Formulas for the calculation of the reduction in the consumption of single-use plastic products

For single-use plastic cups for beverages, including their covers and lids, referred to in Part A, point (1), of the Annex to Directive (EU) 2019/904 (‘cups for beverages’):

For single-use plastic food containers referred to in Part A, point (2), of the Annex to Directive (EU) 2019/904 (‘food containers’):

where:

CfB means cups for beverages;

FC means food containers;

ConRed means consumption reduction in a Member State per calendar year;

PoMCfB means:

(a)

the total weight of plastic (tonnes) contained in cups for beverages placed on the market in a Member State in a given calendar year, where relevant adjusted in accordance with Article 1(3), where the method ology referred to in Article 1(1), point (a), is applied for the calculation of the consumption reduction, or

(b)

the total number of single-use plastic cups for beverages placed on the market in a Member State in a given calendar year, where relevant adjusted in accordance with Article 1(3), where the methodology referred to in Article 1(1), point (b), is applied for the calculation of the consumption reduction;

PoMFC means

(i)

the total weight of plastic (tonnes) contained in food containers placed on the market in a Member State in a given calendar year, where relevant adjusted in accordance with Article 1(3), where the methodology referred to in Article 1(1), point (a), is applied for the calculation of the consumption reduction, or

(ii)

the total number of food containers placed on the market in a Member State in a given calendar year, where relevant adjusted in accordance with Article 1(3), where the methodology referred to in Article 1(1), point (b), is applied for the calculation of the consumption reduction;

t2022 means the reference year which is the calendar year 2022

t means the reference year (the year for which the data is collected and reported).

ANNEX II Format for reporting of data on single-use plastic products placed on the market

ANNEX II

Format for reporting of data on single-use plastic products placed on the market

Weight of plastic  ( 1 ) (tonnes)

Total weight  ( 2 ) (tonnes)

Products  ( 3 )

(thousand units)

Single-use plastic cups for beverages, including their covers and lids, referred to in part A, point (1), of the Annex to Directive (EU) 2019/904 made wholly of plastic

Single-use plastic food containers referred to in part A, point (2), of the Annex to Directive (EU) 2019/904 made wholly of plastic

Single-use plastic cups for beverages, including their covers and lids, referred to in part A, point (1), of the Annex to Directive (EU) 2019/904 made partly of plastic

Single-use plastic food containers referred to in part A, point(2), of the Annex to Directive (EU) 2019/904 made partly of plastic

( 1 )   Provision of data is mandatory if a Member State applies the methodology laid down in Article 1(1), point (a), and may be adjusted in accordance with Article 1(3). Provision of data is voluntary if a Member State applies the methodology laid down in Article 1(1), point (b).

( 2 )   Provision of data is mandatory if a Member State applies the methodology laid down in Article 1(1), point (a), and may be adjusted in accordance with Article 1(3). Provision of data is voluntary if a Member State applies the methodology laid down in Article 1(1), point (b).

( 3 )   Provision of data is mandatory if a Member State applies the methodology laid down in Article 1(1), point (b), and may be adjusted in accordance with Article 1(3). Provision of data is voluntary if a Member State applies the methodology laid down in Article 1(1), point (a).

ANNEX III Format for reporting information on consumption reduction measures

ANNEX III

Format for reporting information on consumption reduction measures

1.    Measures to achieve reduction in the consumption of single-use plastic cups for beverages, including their covers and lids, referred to in Part A, point (1), of the Annex to Directive (EU) 2019/904 (SUP CfB)

Consumption reduction measures

Specification of the measure (sub-categories)

Quantitative/qualitative description of the measure

Entry into force of the measure

Legal nature of the measure (voluntary/ mandatory)

Coverage of the measure (local, regional, national or other)

Target group of the measure (producers, importers, vendors, consumers)

Quantitative targets

—

Quantitative targets for reducing the share of SUP CfB placed on the market and made available to consumers.

—

Quantitative targets for increasing the share of reusable alternatives to SUP CfB placed on the market and made available to consumers

Promotion of sustainable alternatives to SUP CfB (including reusable plastic CfB)

—

Measures promoting reusable alternatives to SUP CfB in public administrations

—

Measures establishing obligations or incentives for economic operators to make reusable alternatives to SUP CfB available to consumers in large public events

—

Measures establishing “bring-your-own” systems allowing consumers to bring their own cups for beverages.

—

Promotion of business models that provide reusable alternatives to SUP CfB

—

Measures establishing obligations or incentives for economic operators to provide sustainable alternative CFB at the point of sale to the final consumer

—

Promotion of free public sources of drinking water encouraging people to bring a refillable cup or drink from the tap.

Economic instruments

—

Levies imposed on economic operators when placing SUP CfB on the market

—

Green Public Procurement

—

Deposit Refund schemes

—

Subsidies or reduced levies for economic operators placing reusable alternatives to SUP CfB on the market

—

Instruments ensuring discounts for consumers buying or bringing their own reusable alternatives to SUP CfB

—

Extended producer responsibility obligations for producers of SUP CfB

Marketing and use restrictions

—

Restrictions on the placing on the market of SUP CfB in order to ensure that they are substituted with alternatives that are re-usable or do not contain plastic or contain less plastic as referred to in Article 4(1), third subparagraph, of Directive (EU) 2019/904

—

Restrictions on the making available of SUP CfB in certain specific locations (e.g. public beaches or parks) or by certain economic operators and public administrations

—

Restrictions on the use of SUP CfB when serving drinks to consumers.

Agreements between competent authorities and economic sectors pursuant to Article 17(3) of Directive (EU) 2019/904

—

Agreements containing quantitative targets to reduce the number of SUP CfB placed on the market.

—

Agreements containing quantitative targets to place reusable alternatives or plastic-free products on the market.

—

Agreements containing obligations on the economic operators [of the relevant economic sectors] to inform consumers or encourage consumers to use alternatives to SUP CfB or reuse systems

Sector concerned and the amount of actors subscribing to the agreements

Awareness raising measures [focused on SUP CfB]

—

Campaigns to raise awareness of the negative environmental impacts of SUP CfB due to littering and other inappropriate waste disposal, including as part of litter clean-up campaigns

—

Promotion of sustainable alternatives to SUP CfB (e.g. reusable beverage cups)

—

Promotion of venues connected to reusable schemes (e.g. “bring your own cup” schemes)

Other measures

Please specify

Add rows as appropriate.

2.    Measures to achieve reduction in the consumption of single-use plastic food containers referred to in Part A, point (2), of the Annex to Directive (EU) 2019/904 (SUP FC)

Consumption reduction measure

Specification of the measure (sub- categories)

Quantitative/qualitative description of the measure

Entry into force of the measure

Legal nature of the measure(voluntary/ mandatory)

Coverage of the measure (local, regional, national or other)

Target group of the measure (producers, importers, vendors, consumers)

Quantitative target

—

Quantitative targets for reducing the share of SUP FC placed on the market and made available to consumers

—

Quantitative targets for increasing the share of reusable alternatives to SUP FC placed on the market and made available to consumers

Promotion of sustainable alternatives to SUP FC (including reusable plastics)

—

Measures promoting reusable alternatives to SUP FC in public administrations

—

Measures establishing obligations or incentives for economic operators to make reusable alternatives to SUP FC available to consumers in large public events

—

Measures establishing “bring-your-own” systems allowing consumers to bring their own food container

—

Promotion of business models that provide reusable alternatives to SUP FC, such as deposit systems. Measures establishing obligations or incentives for economic operators to provide sustainable alternative to SUP FC at the point of sale to the final consumer

—

Promotion of business models that provide for sustainable alternatives to SUP FC

Economic instruments

—

Levies on economic operators placing SUP FC on the market

—

Subsidies or reduced levies for economic operators placing reusable alternatives to SUP FC on the market.

—

Green Public Procurement

—

Deposit Return Schemes

—

Instruments ensuring discounts for consumers buying reusable alternatives to SUP FC.

Marketing and use restrictions

—

Restrictions on the placing on the market of SUP FC in order to ensure that they are substituted with alternatives that are reusable or do not contain plastic or contain less plastic as referred to in Article 4(1), third subparagraph, of Directive (EU) 2019/904.

—

Restrictions on the making available of SUP FC in certain specific locations (e.g. public beaches or parks) or by certain economic operators and public administrations

—

Restrictions on the use of SUP FC when providing food to consumers

Agreements between competent authorities and economic sectors pursuant to Article 17(3) of Directive (EU) 2019/904

—

Agreements containing quantitative targets to reduce the number of SUP FC placed on the market

—

Agreements containing quantitative targets to place reusable alternatives or plastic-free products on the market

—

Agreements containing obligations on economic operators [of the relevant economic sectors] to inform consumers or encourage consumers to use alternatives to SUP FC or reuse systems

Sector concerned and the amount of actors subscribing to the agreements

Awareness raising measures [focused on SUP FC]

—

Campaigns to raise awareness of the negative environmental impact of SUP FC due to littering and other inappropriate waste disposal, including as part of litter clean-up campaigns

—

Promotion of sustainable alternatives to SUP FC (e.g. reusable food containers)

—

Promotion of venues connected to reusable schemes (e.g. “bring your own food container” schemes)

Other measures

Please specify

Add rows as appropriate.

ANNEX IV Format for the quality check report

ANNEX IV

Format for the quality check report

1.    General Information

1.1.

Member State:

1.2.

Organisation submitting the data and the description:

1.3.

Contact person / contact details:

1.4.

Reference year:

1.5.

Delivery date / version:

1.6

Link to data publication by the Member State (if any):

2.    Description of the parties involved in the data collection:

Name of institution

Description of key responsibilities

Add rows as appropriate.

3.    Description of methods used.

a.    Data sources for calculating data on single-use plastic cups for beverages, including their covers and lids, referred to in Part A, point (1), of the Annex to Directive (EU) 2019/904 placed on the market of a Member State

Data sources

Data source used (yes/no)

Description of the applied methods

Share in the total data

Data from deposit refund schemes

Extended Producer Responsibility (EPR) scheme data. Data from producers or from organisations implementing EPR obligations on their behalf

Data from central registries on single-use plastic cups for beverages placed on the market

Data from municipalities

Surveys

Electronic registry

Administrative reporting

Production statistics - national codes

Tax statistics

Industry statistics

Other sources (specify)

b.    Data sources for calculating data on single-use plastic food containers referred to in Part A, point (2), of the Annex to Directive (EU) 2019/904 placed on the market of a Member State

Data sources

Data source used (yes/no)

Description of the applied methods

Share in the total data

Data from deposit refund schemes

Extended Producer Responsibility (EPR) scheme data. Data from producers or from organisations implementing EPR obligations on their behalf

Data from central registries on single-use plastic food containers placed on the market

Data from municipalities

Surveys

Compositional analyses

Electronic registry

Administrative reporting

Production statistics - national codes

Tax statistics

Industry statistics

Other sources (specify)

c.    Where data is reported by weight using the methodology referred to in Article 1(1), point (a), please indicate whether an estimate for the weight of plastic contained in single-use plastic products placed on the market of a Member State and for the total weight of such products has been used, where data collection does not cover the whole market. If yes, please indicate the added weight of plastics in % of the total weight reported

Specific issues considered

Description of the applied methods to determine the estimates ( 5 )

%

Free riders  ( 1 )

Private movements within the Union, imports / exports  ( 2 )

On-line sales  ( 3 )

De-minimis rules  ( 4 )

Others (specify)

d.    Where data is reported by the number of products using the methodology referred to in Article 1(1), point (b), please indicate whether an estimate of the number of single-use plastic products placed on the market of a Member State has been used, where data collection does not cover the whole market. If yes, please indicate the added number of products in % of the total number reported

Specific issues considered

Description of the applied methods to determine the estimates( 5 )

%

Free riders  ( 5 )

Private intra-EU movements, imports / exports  ( 6 )

On-line sales  ( 7 )

De-minimis rules  ( 8 )

Others (specify)

4.    Data verification and control system

a.    Verification of data on single-use plastic products placed on the market of a Member State

Verification and control procedures

Applied for all relevant data on

Additional comments, if relevant

Single-use plastic cups for beverages, including their covers and lids referred to in Part A, point (1), of the Annex to Directive (EU) 2019/904 placed on the market (yes/no)

Single-use plastic food containers referred to in Part A, point (2), of the Annex to Directive (EU) 2019/904 placed on the market (yes/no)

Data completeness checks

Cross-checks

Time-series checks

Audit checks

Other (specify)

b.    Description of main factors affecting the accuracy of the data on single-use plastic products placed on the market of a Member State

Factors that can affect reliability [accuracy] of data

Factors relevant for any data on

Description of how the accuracy of the data is affected and which methods are applied to minimize such impact

Single-use plastic cups for beverages, including their covers and lids referred to in Part A, point (1), of the Annex to Directive (EU) 2019/904 placed on the market (yes/no)

Single-use plastic food containers referred to in Part A, point (2), of the Annex to Directive (EU) 2019/904 placed on the market (yes/no)

Sampling errors  ( 9 )

(e.g. coefficients of variation)

Coverage errors  ( 10 )

(e.g. de-minimis rules, regional coverage)

Measurement errors  ( 11 )

Data collection test instruments  ( 12 )

(e.g. questionnaires)

Processing errors  ( 13 )

Non-response errors  ( 14 )

Model assumption errors  ( 15 )

Other (please specify)

c.    Explanation of the scope and validity of surveys to collect data on single-use plastic products placed on the market of a Member State

Add rows as appropriate.

d.    Differences from the data reported for the previous reporting years

Significant methodological changes in the calculation method used for the current reference year in relation to the calculation method used for previous reference years, if any (please include in particular retrospective revisions, their nature and whether a break-flag is required for a certain year).

Add rows as appropriate.

e.    Where the weight of plastic contained in and the total weight of single-use plastic products placed on the market of a Member State or the number of such products placed on the market of a Member State has increased by more than 10 % compared to the previous reporting year, an explanation of the reasons for that differences

Single-use plastic products placed on the market

Variation (%)

Main reason for the variation

Add rows as appropriate.

5.    Confidentiality

Justification to withhold the publication of specific parts of this quality check report in accordance with Article 2(4) and listing of the parts that are requested to be withheld.

Add rows as appropriate.

6.    Main national websites, reference documents and publications

Please provide the name and url of the main websites, reference documents and publications related to this data collection.

Add rows as appropriate.

( 1 )   A free rider is a producer or distributor that places single-use plastic products on the market but does not fulfil its EPR responsibilities individually or collectively with other producers.

( 2 )   Movements within the Union and imports / exports of products after they have been sold to end-users.

( 3 )   Placing on the market data must include sale through distance communication.

( 4 )   De-minimis rules applied for reporting on single-use plastic products placed on the market.

( 5 )   A free rider is a producer or distributor that places single-use plastic products on the market but does not fulfil its EPR responsibilities individually or collectively with other producers.

( 6 )   Movements within the Union and imports / exports of products after they have been sold to end-users.

( 7 )   Placing on the market data must include sale through distance communication.

( 8 )   De-minimis rules applied for reporting on single-use plastic products placed on the market.

( 9 )   Describe the estimated coefficients of variation and the methodologies applied for variance estimation.

( 10 )   Describe the type and size of coverage errors.

( 11 )   Describe the instruments to reduce potential risks and avoid errors.

( 12 )   Describe the instruments and methodologies applied for securing quality and relevance of data collection instruments.

( 13 )   Describe the processing steps between data collection and production of statistics and list processing errors identified and their extent.

( 14 )   Describe the non-response rates for the main variables and the imputation methods (if any).

( 15 )   Describe the type and size of model assumption errors.