EU Single-Use Plastics Directive: analysis of provisions and potential measures regarding extended producer responsibility : final report

In: Texte 2022, 42

Abstract

The study was to undertake a legal analysis of the Extended Producer Responsibility (EPR) provisions of the SUPD with a view to its implementation in the Member States. In particular, the study aims to identify the Member States´ margin of discretion to transpose the directive. In a first step the EPR concept of the SUPD is compared with the EPR concept in other pieces of EU waste law. The study also analyses the conformity of the SUPD´s EPR provisions with higher-ranking EU law. The focus of this analysis lays on those aspects that represent novelties as compared to other EU legislation on EPR, and thus raise legal questions that have not been addressed before, especially regarding the cleaning up of litter from relevant SUP products. A second objective of the study was to analyse potentially relevant EPR measures for the eight different SUP products covered by Art. 8 of the SUP-Directive (EPR provisions) regarding their collection, transport, treatment, clean-ups and awareness raising. The same was elaborated for the relevant provisions for fishing gear. Based on reviews of relevant literature and conducted complementary expert interviews, these data formed the basis of analysing (1) which EPR measures could be effective; (2) what costs could potentially be associated with these measures; and (3) who should be responsible for (i) implementing and (ii) covering the costs for these measures. A third and final part presents two proposals for a specific mechanism to implement the EPR provisions of the SUPD: a littering fund for SUP products and an insurance fund for fishing gear.