A ban is introduced on the free distribution of carrier bags and on the
distribution of thin plastic carrier bags less than 30 microns.

Act amending the Environmental Protection Act and Act on tax of certain packaging, bags, disposable tableware and PVC foils

(Ban on free the distribution of carrier bags and ban on the distribution of thin plastic carrier bags)

The draft act introduces a ban on the free distribution of carrier bags and on the distribution of thin plastic carrier bags less than 30 µm thickness. The provisions of the draft act aim to ban the free distribution of carrier bags, with the aim of promoting the reuse of these carrier bags, as well as banning the distribution of thin plastic carrier bags of less than 30 µm thickness, which are rarely recycled.

The draft act implements part of Directive (EU) 2015/720 of the European Parliament and of the Council of 29 April 2015 amending Directive 94/62/EC as regards reducing the consumption of lightweight plastic carrier bags, see Article 1, Section 4(1a) and (1b), as well as part of Directive (EU) 2018/852 of the European Parliament and the Council of 30 May 2018 amending Directive 94/62/EC on packaging and packaging waste, see Article 4(1) and Article 5(1).

The draft act is proposed to enter into force on 1 January 2020, though producers, importers, vendors, retailers etc. are given a transitional period of 6 months to comply with the ban on the free distribution of carrier bags and on the distribution of thin plastic carrier bags.

Moreover, the draft act contains an addition to the footnote of the Act on certain packaging, bags, disposable tableware and PVC foils, (see Consolidation Act No 1236 of 4 October 2016), as amended by § 3 of Act No 1431 of 5 December 2018, § 1 of Act No 1434 of 5 December 2018 and § 6 of Act No 1728 of 27 December 2018 (the Packaging Tax Act), as the packaging tax has an impact on reducing the use of carrier bags and thereby implements parts of Directive 2015/720 of the European Parliament and the Council of 29 April 2015 amending Directive 94/62/EC as regards reducing the consumption of lightweight plastic carrier bags, Official Journal L 115, 2015, p. 11.

Although Denmark already complies with Directive (EU) 2016/720 on lightweight plastic carrier bags, this does not prevent a further reduction in the use of lightweight plastic bags. Even though the Directive is based on Article 114 TFEU, Article 1(a) of the Directive must be interpreted to mean that the fact that Denmark currently fulfils the requirements of the Directive does not in itself prevent a further reduction in the use of lightweight plastic bags.