DRAFT KINGDOM OF Belgium FEDERAL PUBLIC SERVICE Public Health, Food Chain Safety and the Environment Royal Decree to limit the placing on the market of single-use products harmful to the environment and to increase the recycled content of certain products PHILIPPE, King of the Belgians, To all those present and to come, Greetings. Having regard to the Law of 21 December 1998 on product standards for the promotion of sustainable production and consumption and the protection of the environment and health, Article 5, §1(1), (3) and (4); Having regard to the Royal Decree of 9 September 2008 laying down product standards for the designation of compostable and biodegradable materials; Having regard to the Royal Decree of 9 December 2021 on single-use products and the promotion of reusable products; Having regard to the resolution to ban PFAS from food packaging approved by the House of Representatives on 7 July 2022; Having regard to the harmful effects of the presence of PFAS on the environment and the high concentrations of these substances found in Belgium; Having regard to the primary objective of the Federal Circular Economy Action Plan, adopted by the Council of Ministers on 17 December 2021, to encourage the placing on the market of circular products and services, including measures 1 and 6 of that action plan to amend product standards in order to promote reuse and recycling and to ban certain disposable products with a view to reducing environmental and health impacts; Having regard to Action 6 of the Federal Marine Litter Action Plan 2022-2027 for phasing out the use of single-use plastics; Having regard to the need to reduce the amount of unrecycled plastic packaging waste for which Belgium pays an annual contribution of EUR 800 per tonne to the European Commission; Having regard to the need to reduce the consumption of single-use plastic products in accordance with Article 4 of the European Directive on the reduction of the impact of certain plastic products on the environment; Given the high likelihood that single-use plastic packaging, for immediate consumption, either on-the-spot or take-away, will end up in litter; Having regard to the involvement of regional governments in the preparation of this Decree, on …; Having regard to the opinion of the Federal Council for Sustainable Development issued on …; Having regard to the opinion of the High Council for Health issued on …; Having regard to the opinion of the Special Advisory Commission on Consumption issued on …; Having regard to the opinion of the Central Economic Council issued on …; Having regard to the opinion of the Inspector of Finances, issued on …; Having regard to the agreement of the Secretary of State for the Budget, dated … ; Having regard to opinion No xx.xxx of the Council of State, issued on …, pursuant to Article 84, § 1(1)(2) of the laws on the Council of State, consolidated on 12 January 1973; On the proposal of the Minister for the Environment, and on the advice of Ministers who have deliberated it in Council, We have decreed and hereby decree: Article 1. The purpose of this Decree is to reduce the placing on the market of single-use products harmful to the environment and to increase the recycled content of certain products. Article 2. For the application of this Decree, the following definitions shall apply: 1) ‘plastic’: a material consisting of a polymer as defined in Article 3(5) of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which may act as the main structural component of final products, with the exception of natural polymers which have not been chemically modified; 2) ‘single-use plastic product’: a product made entirely or partially from plastic and that is not designed, created or placed on the market to complete, during its lifetime, several journeys or rotations by being returned to a producer to be refilled or reused for a use identical to that for which it was designed; 3) compostable at home: compostable in accordance with the specifications of Annexes I and III to the Royal Decree of 9 September 2008 laying down product standards for the designation of compostable and biodegradable materials 4) post-consumer: generated by households or commercial, industrial or institutional facilities as end-users of the product and which can no longer be used for the intended purpose. This includes material returns from the distribution chain. 5) PFAS: Perfluoroalkyl and Polyfluoroalkyl Substances Article 3. It shall be prohibited to place on the market for the first time any single-use plastic container intended for the distribution of food or drink for immediate consumption either on-the-spot or take-away, with the exception of single-use plastic containers which are industrially pre-filled. Article 4. § 1. It is prohibited to place on the market for the first time, non-compostable labels intended to be glued to fruit and vegetables. § 2. From 1 January 2025, it is prohibited to place on the market for the first time labels which are not compostable at home, intended to be glued to fruit and vegetables. Article 5. It is prohibited to place on the market for the first time single-use plastic packaging intended to pack unprocessed fresh fruit and vegetables, with the exception of fruit and vegetables packaged in batches of 1.5 kilograms or more and fruit and vegetables presenting a clear risk of deterioration when sold in bulk as listed in Annex 1. Article 6. § 1. It is prohibited to place on the market for the first time products listed in Annex 2 which are not composed of post-consumer recycled plastic. The minimum recycled plastic content of these products is set out in Annex 2. § 2. The Minister responsible for the Environment determines the modalities for the implementation of paragraph 1, by decree deliberated in the Council of Ministers. Article 7. It is prohibited to place on the market for the first time the single-use products listed in Annex 3. Article 8. It is prohibited to place on the market for the first time advertising or non-addressed printed matter with packaging containing plastic. Article 9. It is prohibited to place on the market for the first time single-use cups made of cardboard with a plastic coating. Article 10. It is prohibited to place on the market for the first time packaging containing PFAS. Article 11. This Decree shall enter into force on 1 January 2024. Article 12. The Minister who is responsible for the Environment shall be responsible for the implementation of this Decree. Brussels, [date] By the King: The Environment Minister, Z. KHATTABI

Annex 1: Fruit and vegetables referred to in Article 5 (1) Edible flowers (2) Raspberries (3) Strawberries (4) Blueberries (5) Blackberries (6) Redcurrants (7) Blackcurrants Annex 2: Products referred to in Article 6 (1) Shrinkable sleeves, also called pallet sleeves or pallet cover sleeves; materials consisting of a plastic film that is placed on a product or series of products to be packaged. By means of a heat source, the sheet retracts shrinks and fits very tightly to the material to be packaged. The minimum recycled plastic content shall be: 1. 25% from 1 January 2024, made entirely of post-consumer plastic; 2. 50% from 1 January 2026, made entirely of post-consumer plastic. (2) Plastic compost drums and bins, except for moving parts of the compost bin or compost barrel. The minimum recycled plastic content shall be: 1. 80% from 1 January 2024, made entirely of post-consumer plastic; 2. 100% from 1 January 2026, made entirely of post-consumer plastic. (3) Plastic rolling containers for waste except the container body, lid, chassis and wheels. The minimum recycled plastic content shall be: 1. 50% from 1 January 2024, of which at least half is made up of post-consumer plastic; 2. 80% from 1 January 2026, of which at least half is made up of post-consumer plastic. (4) Plastic nursery pots, nursery trays and plant trays used for the cultivation and packaging of flowers and plants The minimum recycled plastic content shall be: 1. 80% from 1 January 2024, made entirely of post-consumer plastic; 2. 100% from 1 January 2026, made entirely of post-consumer plastic. (5) Urban furniture with plastic parts, where the plastic parts have not been produced from recycled plastics, with the exception of plastic assembly elements intended to connect the different parts of the furniture into a single structural unit The minimum recycled plastic content shall be: 1. 80% from 1 January 2024, made entirely of post-consumer plastics; 2. 100% from 1 January 2026, made entirely of post-consumer plastics. Annex 3: Single-use products referred to in Article 7 (1) Plastic confetti (2) Plastic glitter (3) Plastic sticks other than for medical applications (4) Plastic skewers (5) Plastic coffee, tea and herbal tea bags (6) Single-use coffee capsules containing plastic or aluminium (7) Cutlery and plates other than home compostable ones (8) Laminated advertising cards
FEDERAL PUBLIC SERVICE
Public Health, Food Chain Safety and
the Environment
25 MAY 2024. - Royal Order to limit the placing on the market of
certain single-use products and to increase the recycled content
of certain products
REPORT TO THE KING
Sire,
The Royal Order aims to reduce the consumption of certain
single-use products. They are products which meet one or more of
the following criteria:
(1) by their nature, the products are used in such a way that there
is an increased risk that they will end up littering and remain in
the wild due to their low degradability, thus causing a negative
environmental impact;
(2) products may be replaced by reusable alternatives that have a
lower impact on the environment;
(3) by their nature, products end up in collection systems which
do not lead to recycling or pollute the recycling chain.
This Order contributes to the transposition of Directive 2019/904
of the European Parliament and of the Council of 5 June 2019 on
the reduction of the impact of certain plastic products on the
environment.
The Royal Order also aims to promote the use of recycled plastics
and prevent the loss of recyclable materials.
Comment on the individual Articles
Article 2 defines a number of concepts.
The definitions of ‘plastic’, ‘producer’ and ‘single-use plastic
product’ are taken from Directive (EU) 2019/904.
‘Rigid packaging’ refers to packaging which retains its shape. This
concerns trays, containers, pots, bowls, cups, buckets, etc. which
are made of a plastic that prevents any serious deformation of the
packaging without it being damaged, for example by cracking,
breaking or no losing its original shape as a result of the
deformation. Rigid packaging includes both thin-walled packaging
that can easily break when it is deformed and thick-walled
packaging that is less easy to deform. This is in contrast to
flexible packaging, such as bags, packaging tapes and films,
which can be easily folded and deformed without damage. This

definition has been introduced because point 2 of Part A of the
Annex to the SUP Directive limits the scope of Article 4 to food
packaging that allows direct consumption in the container and
explicitly excludes packets and packaging tapes. If a packaging
consists partly of a rigid material and partly of a non-rigid
material, e.g. a plastic tray covered with a plastic film, the whole
shall be considered as rigid packaging.
A definition is given for ‘on-site consumption’ as this is a criterion
set out in point 2(a) of Part A of the Annex to SUP Directive
2019/904 in order to determine whether Member States should
take measures against the consumption of disposable packaging.
‘On-site consumption’ means the consumption of beverages or
food where the beverage or food is offered, free of charge or
against payment. Consumption shall take place in the space
provided for that purpose by the supplier. This may be evident
from the fact that the space is equipped with tables or seats
provided by the supplier to enable the consumer to consume food
or beverages. It is irrelevant whether it is an indoor or outdoor
space, such as a terrace. It is also irrelevant whether the space is
permanently arranged as a place to eat or drink (e.g. snack-bar)
or only temporarily (e.g. high tables around a mobile food truck).
It is also irrelevant whether a space for eating or drinking is used
by a single service provider or by a group of service providers,
such as in a food court. ‘On-site consumption’ is also used when
beverages or food are offered and consumed in a demarcated
area and the consumer is reasonably expected to consume the
beverage or food in that area. Examples of consumption on the
spot are consumptions
— in a restaurant, snack bar or café, both inside the building and
on the terrace
— in a canteen or cafeteria of a company, school, health
institution, leisure centre, sports centre, etc.
— during an event or in a leisure park where consumption takes
place in a demarcated area with access control
— in a cinema or conference centre that provides beverages and
food, including if consumption is allowed in the cinema or
conference rooms
— at an open event without access control in which the organiser
involves all food or beverage suppliers and is responsible for the
collective system
— in a supermarket with a temporary or permanent tasting stand,
for example
— at a food or beverage stand in a market that offers a space
where beverages or food can be consumed

— in the closed part of an airport concourse accessible only to
persons with a valid ticket.
The concept of ‘immediate consumption’ is also defined as one of
the criteria set out in point 2(a) of Part A of the Annex to the SUP
Directive to determine whether measures should be taken against
the use of disposable packaging. ‘Immediate consumption’ refers
to the consumption of a beverage or food directly in the container
without further preparation such as boiling, heating, cooking or
spreading (e.g. a sandwich filling).
The concept of ‘take-away dishes’ is defined because point 2(a) of
Part A of the Annex to the SUP Directive provides for specific
measures with regard to foods which are packaged with the
intention of being taken away for consumption elsewhere. Dishes
refer to food ready for immediate consumption. Take-away dishes
are dishes packaged in such a way that they can be taken away
by the consumer or brought to the consumer for immediate
consumption in a place other than that where the dish is offered.
The definition of ‘foodstuff’ is taken from Regulation (EU) No
178/2002.
The definition of ‘pre-packed foodstuff’ is taken from Regulation
(EU) No 1169/2011.
The term ‘post-consumption’ is used in relation to the obligations
to achieve a minimum recycled content in certain plastic
products. In this respect, a distinction is made between recycled
materials from waste generated during the production chain, on
the one hand, and recycled materials from waste produced after a
product has been placed on the market, on the other. The first
category includes waste such as cutting residues that are
generated during the production of a plastic product and which
can potentially be reused in the production process. The second
category includes waste that is generated in the distribution
phase of the product, e.g. waste from obsolete products that has
been removed from the shelves of shops or that is generated
after consumption, e.g. empty packaging that has been discarded
by consumers and collected for recycling.
Article 3 aims to prohibit the placing on the market of certain
single-use food packaging. Packaging falling within the scope of
point 2 of Part A of the Annex to Directive (EU) 2019/904 is
covered by: Member States must take the necessary measures to
achieve an ambitious and sustained quantitative reduction in
consumption for a broad category of food packaging. This refers
to single-use food packaging made wholly or partly of plastic and
used to contain food which:

a) is intended for immediate consumption, either on site or to
take away,
b) is usually consumed in the container, and
c) is ready to be eaten without further preparation, such as
cooking, boiling or reheating, including food containers used for
fast food or other meals ready for immediate consumption,
except beverage containers, plates, and sachets and packaging
containing food.
This obligation of the SUP Directive requires drastic measures, as
waste from consumption of food and beverages away from home
has increased rather than decreased in recent years. Between
2015 and 2022, this volume of waste increased by 9 %. However,
many efforts have already been made in Belgium to avoid plastic
packaging waste, both at local and regional level, such as for
example
— communication campaigns financed by public authorities and
the packaging sector,
— the drawing up of prevention plans by undertakings and the
packaging sector,
— the formulation of prevention objectives in local and regional
action plans,
— helping event organisers to reduce waste during events,
— a ban on the use of disposable plastic cups during events if
they are not sufficiently recycled.
These measures have prevented waste, but the figures show that
they have not been sufficient to reverse the increase in the
amount of packaging waste into a sharp decrease.
In order to reverse the observed increase into an ambitious
decrease, paragraph 1 prohibits food placed on the market for
immediate consumption on the spot from being packaged in rigid
single-use packaging entirely or partially made of plastic. For
packaged foods placed on the market which are intended for
immediate consumption on the spot, there are sufficient
alternatives to offer food without using disposable packaging
containing plastic. There are reusable packaging, such as
washable trays, containers and bowls, which are more
environmentally friendly if reused a sufficient number of times.
There is also single-use packaging that does not contain any
plastic that allows food to be consumed immediately on the spot.
Moreover, it is often packaging used for immediate consumption
on the spot that produces litter or leads to incorrect sorting
behaviour, for example at events or in public places where some
consumers are unable or do not put the effort to put their
packaging waste in the right collection channel.

For example, the ban does not apply if they are intended for
consumption on the spot:
— chip trays
— trays to serve snacks or dishes that can be consumed
immediately without further preparation, such as cooking, boiling,
reheating or spreading
— jars for ice cream or desserts
— disposable plastic boxes for reheated burgers
— cups for hot soup
— closed disposable plastic pots for yoghurt, desserts and salads
which, at the point of sale, are filled in containers that are not
airtight and liquid-tight.
Pre-packed foodstuff is excluded from the prohibition of § 1. In the
present case, the packaging serves not only to enable the food to
be consumed immediately on the spot, but also to protect the
food against its deterioration or from handling which occurs
during transport of the food between the place of production and
the place of sale. Examples include fruits, yoghurt and desserts
pre-packed in plastic trays or pots. For such applications, there
are not always alternatives offering the same degree of
protection. Open food trays placed on the market for the main
purpose of facilitating logistical operations between the place of
production and the place of final sale of the packaged food are