This European Commission has a limited mandate on the environment front.
If you look at Commission Vella’s ‘Mission Letter’ (1st November 2014) there is no hint of new legislative action. Indeed, the original intent of this Commission was to withdraw a number of legacy proposals from President Barroso, including the circular economy and waste legislation (link). Strangely, the Commission landed up re-tabling them.
Indeed, the Commission appears to view that the most practical means for them to avoid too ambitious environmental legislation being adopted is not to table it in the first place. Given the political record of the European Parliament and Environment Council this is a rational position. Indeed, apart from withdrawing or requiring unanimity, there is little else the Commission can do.
It is likely that the Commission never wanted to table a proposal on the plastics. A unique confluence of events led them to it. A public debate on plastic pollution instigated by BBC screen Blue Planet by Sir David Attenborough in October 2017, Member State action, among other things, led to it being tabled.
Yet, when the political tides led the Commission to act, they pushed it through the funnel of the Better Regulation (link), including two visits to the Regulatory Scrutiny Board on 5 March 2018 and 6 April 2018 (link).
The sequencing of events though is of more interest to see how proposals can evolve and land up being adopted.
Regulating Plastics – A timescale
- 13 September 2017: State of the Union (link) and letter of intent that mentions “ncluding: a strategy on plastics working towards all plastic packaging on the EU market being recyclable by 2030” (Draft Work Programme)
- 24 October 2017: Work programme published 24 October 2017 (link) mention of ‘this includes a strategy on plastics use, reuse and recycling – (non – legislative, Q4 2017)
- 9 November 2017: Commission ask ECHA to start look at REACH Restriction on micro plastics
- 15 December 2017: Public consultation on Inception Impact Assessment Reducing marine litter: action on single use plastics and fishing gear (link) ending 12 January 2018
- 16 January 2018: Communication ‘A European Strategy for Plastics in a Circular Economy’ (link) including:
- start the process to restrict the intentional addition of micro plastics to products via REACH
- Actions to reduce single- use plastics: analytical work, including the launch of a public consultation, to determine the scope of a legislative initiative on single – use plastics
- 17 January 2018: ECHA notification (link)
- 5 March 2018: Regulatory Scrutiny Board – Negative Opinion on Reducing Marine Litter
- 6 April: Regulatory Scrutiny Board – Positive Opinion (with reservations) – Reducing Marine Litter
- 22 May 2018: College of Commissioner adopt ‘Proposal for a Directive of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment’ (link)
- 28 May 2018: Proposal for a Directive on reduction of the impact of certain plastic products on the environment (link) (press release)
- 28 May 2018: Public Consultation on proposal until 24 July 2018 (link)
- 11 January 2019: ECHA plan to submit REACH Annex XV Dossier / Restriction Dossier
- Second Quarter 2018: Political Agreement