Royal decree on single-use plastic is too weak

The Royal Decree on single-use products and for the promotion of reusable products concerns the transposition of two European directives, 2015/720 and 2019/904, aimed at reducing plastic pollution. The Ministerial Council approved the Royal Decree and has sent it to the Council of State. The text of the Royal Decree is not yet public, but the essence has already been communicated in a press release from Environment Minister Khattabi.

Bans on single-use plastic products

The ban on plastic cotton buds, cutlery, plates, straws, stirrers, balloon sticks, beverage and food packaging made of expanded polystyrene is a good first step towards curbing single-use plastic products.

But the federal government has missed the opportunity to phase out even more unnecessary single-use plastic products, including plastic cigarette filters, tea bags, foil around fruit and vegetables, plastic confetti, lollipop sticks, six-pack rings, fireworks, and portion packaging in the catering sector. Other member states such as France and Spain have already introduced more bans.

Plastic carrier bags

According to the press release, the Royal Decree prohibits the placing on the market of lightweight plastic carrier bags with handles.

There was already a ban on lightweight single-use plastic bags in Wallonia and Brussels, and a ban on the free distribution of lightweight single-use plastic bags in Flanders. The Royal Decree therefore harmonises policy at federal level. However, there is a risk of a shift towards single-use paper bags which, from an environmental perspective, are not always more sustainable. It would be more effective to address all disposable bags, regardless of the material, by switching to bags made of durable material (e.g. jute) that can be used more than a hundred times.

Single-use plastic cups

The press release continues: "The sector will have a period of one year after the publication of the royal decree to adapt to the new regulations (...) for the ban on placing single-use plastic cups (with the exception of coated paper cups) on the market for the first time".

It remains to be seen what exactly the Royal Decree will determine regarding bans on single-use plastic cups, but according to the press release, coated paper cups will be excepted. This means that such disposable cups continue to flood the market. The problem with these composite cups (consisting of cardboard with a PLA or PE layer) is that they are generally not recycled due to insufficient source separation and lacking processing capacity. This means they are still incinerated. In addition, the exception for composite disposable cups will have a dampening effect on the roll-out of sustainable reusable cups.

Reuse

If Belgium wants to tackle plastic pollution effectively, it will have to take additional measures in the short term to stimulate reuse, as previously advocated in this article. However, the press release makes no mention of measures to stimulate and scale up reuse systems for beverage cups.

In order to accelerate the transition to a circular economy, reuse targets are needed, among other things. The Austrian government announced on 13 October 2021 that there will be quotas for reusable beverage packaging.

According to the press release, the Royal Decree does contain national provisions to facilitate the reuse of glass bottles with a deposit scheme, by specifying the conditions that labels applied to these bottles must meet in order to be easily removed.

Single-use food packaging

For single-use plastic food packaging for takeaway and delivery, the Royal Decree does not announce a ban, but merely an 'impact analysis' (to first map out the consequences of a ban). This is far too weak, given the growing problem of single-use plastic food packaging.

Nevertheless, reusable alternatives are available. The government should at least introduce a ban on single-use items for consumption on-site in the catering sector, as the French government decided. The German government ruled that it is mandatory to offer a reusable alternative for takeaway and delivery. That is also possible and desirable in Belgium.

The fight against plastic pollution requires more ambition

The transposition of the Single Use Plastics Directive into Belgian legislation should actually have taken place by 3 July 2021. Member states have a lot of freedom in the implementation of European directives. They do not only have to comply with the minimum requirements. They can also go a step further to stop the plastic pollution of the environment. The Belgian transposition of European regulations is therefore both too late and substandard.

The Royal Decree concerning single-use products and for the promotion of reusable products concerns the transposition of two European directives, 2015/720 and 2019/904, aimed at reducing plastic pollution. The Ministerial Council approved the Royal Decree and has sent it to the Council of State. The text of the Royal Decree is not yet public, but the essence has already been communicated in a press release from Environment Minister Khattabi.

Bans on single-use plastic products

The ban on plastic cotton buds, cutlery, plates, straws, stirrers, balloon sticks, beverage and food packaging made of expanded polystyrene is a good first step towards curbing single-use plastic products.

But the federal government has missed the opportunity to phase out even more unnecessary single-use plastic products, including plastic cigarette filters, tea bags, foil around fruit and vegetables, plastic confetti, lollipop sticks, six-pack rings, fireworks, and portion packaging in the catering sector. Other member states such as France and Spain have already introduced more bans.

Plastic carrier bags

According to the press release, the Royal Decree prohibits the placing on the market of lightweight plastic carrier bags with handles.

There was already a ban on lightweight single-use plastic bags in Wallonia and Brussels, and a ban on the free distribution of lightweight single-use plastic bags in Flanders. The Royal Decree therefore harmonises policy at federal level. However, there is a risk of a shift towards single-use paper bags which, from an environmental perspective, are not always more sustainable. It would be more effective to address all disposable bags, regardless of the material, by switching to bags made of durable material (e.g. jute) that can be used more than a hundred times.

Single-use plastic cups

The press release continues: "The sector will have a period of one year after the publication of the royal decree to adapt to the new regulations (...) for the ban on placing single-use plastic cups (with the exception of coated paper cups) on the market for the first time".

It remains to be seen what exactly the Royal Decree will determine regarding bans on single-use plastic cups, but according to the press release, coated paper cups will be excepted. This means that such disposable cups continue to flood the market. The problem with these composite cups (consisting of cardboard with a PLA or PE layer) is that they are generally not recycled due to insufficient source separation and lacking processing capacity. This means they are still incinerated. In addition, the exception for composite disposable cups will have a dampening effect on the roll-out of sustainable reusable cups.

Reuse

If Belgium wants to tackle plastic pollution effectively, it will have to take additional measures in the short term to stimulate reuse, as previously advocated in this article. However, the press release makes no mention of measures to stimulate and scale up reuse systems for beverage cups.

In order to accelerate the transition to a circular economy, reuse targets are needed, among other things. The Austrian government announced on 13 October 2021 that there will be quotas for reusable beverage packaging.

According to the press release, the Royal Decree does contain national provisions to facilitate the reuse of glass bottles with a deposit scheme, by specifying the conditions that labels applied to these bottles must meet in order to be easily removed.

Single-use food packaging

For single-use plastic food packaging for takeaway and delivery, the Royal Decree does not announce a ban, but merely an 'impact analysis' (to first map out the consequences of a ban). This is far too weak, given the growing problem of single-use plastic food packaging.

Nevertheless, reusable alternatives are available. The government should at least introduce a ban on single-use items for consumption on-site in the catering sector, as the French government decided. The German government ruled that it is mandatory to offer a reusable alternative for takeaway and delivery. That is also possible and desirable in Belgium.

The fight against plastic pollution requires more ambition

The transposition of the Single Use Plastics Directive into Belgian legislation should actually have taken place by 3 July 2021. Member states have a lot of freedom in the implementation of European directives. They do not only have to comply with the minimum requirements. They can also go a step further to stop the plastic pollution of the environment. The Belgian transposition of European regulations is therefore both too late and substandard.