The availability of ultralight plastic bags for primary packaging or transportation of bread, fruits and vegetables is prohibited from June, but operational difficulties have led distribution companies to request the removal of this ban
Portuguese Association of Distribution Companies (APED) told Lusa that sent the Ministry of Environment and Climate Action, at the end of December 2022, a proposal to repeal this ban, "given the absence of alternative market to meet the requirements, the absence of obligations of Portugal before the European Union and the need to ensure harmonization of legal requirements and free competition in the EU".
The ban stems from a law, published in September 2019, on the provision of alternatives to the use of ultralight plastic bags and plastic cuvettes at points of sale of bread, fruit and vegetables. Initially, the draft law of the Green Party (PEV), unanimously approved by the parliament, envisaged banning ultralight bags from June 2020, but the published law ended up fixing 01 June 2023.
APEAD's proposed repeal is based on three grounds: the functioning of the single market; food safety and food waste prevention; biodegradable and compostable alternatives.
"First, the European Union does not impose restrictions on the use of 'very lightweight bags' that are required for hygiene reasons or made available as primary packaging for food products sold in bulk, taking into account food safety aspects and prevention of food waste," it explains in response to Lusa.
Another reason for the repeal, according to the association, is the need to "safeguard the packaging of products with high risk of deterioration or very perishable", such as blueberries, and controlled atmosphere products, fruits and vegetables cut in store.
From this ban on selling bakery products, fruits and vegetables packaged in very light plastic bags, and single-use plastic containers, the law exempts bags and packaging made of proven biodegradable and compostable plastic, provided they are not made available for free.
The destination of biodegradable plastic, instead of recycling, are the composting plants (biological process of organic recovery that promotes decomposition), which is why there are countries where, in the streets, next to the glass, paper and plastic containers, there are brown containers.
The APED, regarding the biodegradable and compostable alternatives, points out that the EU legislation provides for the obligation of very light plastic bags to be "compostable in industrial units of bio-waste treatment only 24 months after the entry into force of the Regulation" community.
"This deadline will be important to ensure capacity building of the current biowaste treatment infrastructures in the country. The European Commission does not recognize biodegradable plastics as an alternative to single-use plastics," clarifies the association.
The "only balanced solution" is the repeal of the prohibitive article of the 2019 law, says APED, adding that it is "true to the constructive and open to dialogue stance" and has therefore also proposed an alternative wording of the article (4 of Law No. 77/2019), "if repeal is not possible."
The purpose of banning ultralight bags in commerce is to help discourage the use of this type of packaging and promote reusable alternatives for consumers, and the law provides for the imposition of fines on retailers who fail to comply with this ban.
The annual production and volume of plastic waste doubled between 2000 and 2019, according to the Organization for Economic Cooperation and Development (OECD), showing concern about the pollution of rivers and oceans and the carbon footprint, given the growth in the volume of plastic that exceeded economic growth by almost 40%.
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