In March 2022, it was agreed at the UN Environment Assembly that a Global Plastics Treaty (the Treaty) was required to address the rapidly increasing levels of plastic pollution negatively impacting the environment and sustainable development more generally. It was agreed that the Treaty would take the form of a legally binding agreement to address plastic pollution by setting both quantitative and qualitative targets for parties at a global level, considering the full lifecycle of plastics with a view to regulating plastic products, chemicals used in plastics and also product design.
Discussions have been ongoing between delegates over the past three years to decide what should be included in the Treaty, with negotiating parties disagreeing about the level of ambition. The previous set of negotiations, which took place in Korea at the end of 2024, was originally intended to be the final round of negotiations but the parties failed to reach an agreement. Countries arguing for an ambitious approach have favoured including measures that would restrain plastic consumption and production, as well as eliminating certain avoidable “problematic” uses of plastic (largely avoidable single-use plastics). A less ambitious approach would still support proper management of plastic waste, as well as provide both financial and technological support to developing countries in respect of reducing plastic pollution, but would not include the same limitations on production. Another point of discussion has been around whether there should be country-specific action plans which will allow countries to set their own non-binding targets (i.e. a nationally determined approach) or whether there should be a global approach applying to all countries.
With the negotiations due to re-commence in Geneva between the 5th and 14th August, participating countries have emphasised the need to focus on a just transition so that plastic pollution can be addressed in a way that is fair and inclusive to everyone concerned.
Note, if the text of the Treaty is agreed this summer, the process for ratification and implementation into national laws means that it will not result in directly applicable laws for businesses for some time. However, in the meantime, many countries have moved ahead with their own regimes governing plastics and we have provided an overview below of some key UK and EU regulatory developments below.
1. EU Microplastics Restriction
Microplastics are solid plastic particles composed of mixtures of polymers and functional additives. Once in the environment, microplastics do not biodegrade which means that they can accumulate in animals, including fish and shellfish, which are subsequently consumed by humans. In an attempt to reduce further microplastic pollution the EU has added a broad-ranging restriction, capturing a wide variety of products, to Annex XVII of the EU REACH Regulation.
Commission Regulation (EU) 2023/2055 (the Regulation) introduces the new restriction and entered into force on 17 October 2023. It restricts synthetic polymer microparticles (SPM) on their own or the intentional addition of them to mixtures being used in products placed on the EU market. The scope of the ban captures all SPMs, as well as products containing them that inevitably result in the release of SPMs into the environment. The Regulation does, however, include a number of exemptions, including for degradable and soluble polymers that meet certain conditions, medicinal products and products for use at industrial sites, amongst others.
Given the wide use of microplastics across several industries the Regulation sets out transitional phase in periods for the ban on SPMs as set out below:
a) SPMs for use in the encapsulation of fragrances – 17 October 2029
b) rinse-off cosmetics – 17 October 2027
c) Lip, nail and make-up products – 17 October 2035
d) Leave-on cosmetic products – 17 October 2029
e) Detergents, waxes, polishes and air care products – 17 October 2028
f) Medical devices – 17 October 2029
g) Plant protection products and biocidal products – 17 October 2031
h) Other products for agricultural and horticultural uses – 17 October 2028
i) Granular infill for use on synthetic sports surfaces – 17 October 2031
For those uses/products not listed above, as well as microbeads in cosmetics which were generally phased out on a voluntary basis a number of years ago, the ban has applied since 17 October 2023.
It is important for businesses to understand when products they may sell, produce or use will be banned from being put on the market. As detailed above, within the next few years a lot of ‘everyday’ products containing SPMs will need to be reformulated or removed from the market.
2. EU Single Use Plastics Directive
The EU Single Use Plastics Directive (SUPD) came into force on 2 July 2019 with the aim of preventing and reducing the impact of single-use plastic products on the environment. There are several items addressed in the SUPD, including but not limited to, cotton bud sticks, cups for beverages, food containers, plastic bags, wet wipes, balloons and sticks for balloons, and these are addressed through a range of different measures such as:
- A compulsory marking (often referred to as the “dead turtle logo”) for certain disposable plastic products (including sanitary items, wet wipes, certain tobacco products, and paper cups with a plastic liner) which must visible, clearly legible and indelible.
- A prohibition on the placing on the market of certain single-use plastics where sustainable alternatives are easily available and affordable. This includes cotton bud sticks, cutlery, plates, straws and drink stirrers amongst other things.
- A requirement on Member States to introduce consumption reduction measures for single use cups and food containers that are made from, or contain, plastic. The flexibility provided for in this provision has led to the development of a range of different regimes regulating the use of food containers and cups for takeaway across the EU.
The Commission is required to carry out an evaluation of SUPD by July 2027. Following this it will submit a report and potentially a new legislative proposal to expand the regime further.
3. EU Packaging and Packaging Waste Regulation
The EU Packaging and Packaging Waste Regulation (the PPWR) entered into force on 11 February 2025 with the first provisions applicable from 12 August 2026.
In respect of packaging, including plastic packaging, the PPWR aims:
- to prevent and reduce packaging waste;
- ensure all packaging is recyclable by 2030;
- safely increase the use of recycled plastics;
- decrease the use of virgin materials and put the sector on track to climate neutrality by 2050.
The new regulation includes prohibitions on single-use plastic packaging, including for pre-packed food items such as fruit and vegetables, for food and drink consumed on the premises in the QSR sector, for single serve sauces and condiments, and for hotel miniatures. The PPWR also aims to increase the use of refillable and reusable packaging solutions, thereby reducing quantities of single use (plastic) packaging.
Further information on PPWR can be found in our recent article available here.
4. UK Plastic Packaging Tax
Businesses are required to register for the Plastic Packaging Tax (the PPT) if they manufacture or import 10 or more tonnes of plastic packaging in a 12 month period, or expect to do so in the next 30 days. PPT is payable at a rate of £223.69 per tonne on plastic packaging components containing less than 30% recycled plastic, with the rates being increased annually in line with CPI inflation.
The tax applies to packaging components that are made from “plastic” being a polymer material to which additives or substances have been added. It also applies to mixed material components (i.e. containing wood, paper or foil) in which plastic is the biggest constituent.
To encourage the collection and recycling of plastic, PPT is not payable on components containing 30% or more recycled plastic. To avoid paying the tax, businesses have to be able to evidence the specific amount of recycled content in the component which currently prevents the use of chemical recycling technologies. To help with this, the Government has announced that it will introduce a mass balance approach from 1 April 2027. Mass balance is typically used to track materials through complex supply chains and will facilitate the use of chemically recycled content to demonstrate that packaging contains 30% recycled plastic. The change is expected to be implemented through the Finance Bill 2025/2026.
5. UK Deposit Return Scheme
After many years of discussions and consultation, the Deposit Return Scheme (the DRS) for plastic (and metal) drinks containers in Scotland, and England and Northern Ireland is set to be introduced in October 2027 with the Deposit Management Organisation (DMO) having been confirmed in May. The DRS will operate by charging a redeemable deposit on specific drinks containers which can be reclaimed when the item is returned to a collection point. Supermarkets, grocery stores, convenience stores and newsagents will be required to host collection points, which can be manual or automated (e.g. a reverse vending machine), although there are exemptions for small premises in urban areas. Individuals will be able to return items whether they originally purchased them or not, as long as they are in a good condition.
The refundable deposit will be paid on single-use drinks containers from 150ml to 3 litres made from polyethylene terephthalate (PET) plastic, steel and aluminium. It does not apply to milk bottles (made from HDPE), medicine bottles and glass.
The DRS will have a significant impact. Producers (i.e. manufacturers and importers of in-scope drinks) will need to:
- be registered with the deposit management organisation;
- apply the deposit to all containers in the scheme;
- pay deposits to the DMO;
- comply with DRS labelling requirements; and
- report the number of drinks placed on the market
All retailers selling drinks included in the scheme will need to pay the deposit cost to producers or wholesalers when purchasing the drinks and charge the deposit to consumers at the point of sale.
Wales was originally going to be part of the same UK-wide DRS scheme but withdrew at the end of 2024 and a new timeline for introducing a DRS there is still to be confirmed. DRS have been a long-standing feature in many EU Member States including in Scandinavia and Germany and, under PPWR, will become mandatory from 2029 in all Member States.
The growing concern around plastic pollution, and the hopeful adoption of the UN Global Plastics Treaty, will continue to drive the growth of plastics legislation in the coming years both in the EU and UK, but also globally. Legal developments relating to plastic, particularly its use in packaging, have the potential to impact operation, cost and reputation of businesses and so need to be monitored and considered carefully.
